Rejecting switch to perm contract and possible implications for JSA and other benefits

[san_d]

I am approaching the end of my agency contract and soon the client will have to take a decision on what to do with me. The length of the contract was only agreed verbally with the client company and not included in the written contract with the agency, so technically this is a rolling contract.

 

The possible realistic outcomes are three:

1) My contract is not renewed and I go back to JSA.

2) The contract is either renewed with a fixed date or kept rolling for the time being.

3) The client employs me and I end up in their books.

 

I have been approached several times by the managers and I was given a lot of praise for my work and I have been told how keen they are to have me in their books. However for a number of reasons (including ethical ones, plus the fact that I would be facing very difficult and abusive people, which I can't and won't handle) I told them I am not keen on being employed permanently but I would be very glad to keep on as a contractor, even if that means less hours and less money.

 

The managers looked very disappointed with my feedback and told me they need to think about it and we are going to discuss this maybe in 2-3 weeks.

 

My question is: when the big day comes and should I turn down an offer of full employment, while retaining my availability for contract work, would the DWP consider this as making myself voluntarily unemployed?

 

Thanks

[fkofilee]

1 Answer... Yep and they may sanction you for a while

[antone]

Yes they might. In cases like this, each one is considered on its merits by a Decision Maker. So it's hard to say for sure what would happen.

 

Now of course, if you write "Fixed term contract ended" as the reason why your last job ended, it's possible that they might not check it out any further. Also, you would be given the opportunity to put your side of the story to the DM if they did ask more questions.

[san_d]

1 Answer... Yep and they may sanction you for a while

and

Yes they might. In cases like this, each one is considered on its merits by a Decision Maker. So it's hard to say for sure what would happen.

 

Now of course, if you write "Fixed term contract ended" as the reason why your last job ended, it's possible that they might not check it out any further. Also, you would be given the opportunity to put your side of the story to the DM if they did ask more questions.

 

Thanks, I would have expected this kind of answer. For now I am just speculating and covering my back.

 

However...

 

 

• There's no clause in my agency contract that says that I have to accept an offer of permanent employment
  
• I was in no obligation to take that contract (that is, I wasn't mandated of referred by the Jobcentre) and I took it just to keep myself busy
  
• By entering full time employment my whole job description would change and I would have to take enormous legal and personal responsibilities
  

Would any of these points be enough to build a case for myself?

Thanks

[antone]

Well, I try not to be vague where possible, but in this case there really is no way to be sure how a DM would see it. But in regards to your three points:

 

1. Doesn't really matter. The DM could see any rejection of further employment as making yourself voluntarily unemployed.
   
2. Same, really. Even if not referred by JCP advisers, it could still be seen as voluntary.
   
3. I think this is your best chance. If you could argue that you were unable to take the job because you lack experience, or because you can't insure yourself against potential liabilities, or...well, whatever the reasons are, then you might have a case.
   

[san_d]

Thanks all.