Backdated JSA & Previous Employer Legal Action

[wndzr]

Hello - First post from a long time reader, first time poster.

 

Background story is that I am currently in dispute with my previous employer with regards to my leaving date and as a result I am commencing legal action trough an employment tribunal.

 

Essentially, they claim I resigned on 25th September verbally on the telephone, but that was not the case, it was simply that I was beginning negotiations with regards to my departure. Instead those chose to take that as an immediate resignation and they claim the 25th September was my last date. This dispute is being settled with my solicitor.

 

However - I today applied for JSA and requested it be paid from 25th September as all my paperwork states that the 25th September was my last day of work. I previously held off applying for JSA because my partner kindly agreed to pay my outgoings and due to the dispute around my departure date, I did not want to risk an overpayment of benefits if my employer changed their stance.

 

As my partner is unable to continue to keep paying my outgoings for obvious reasons and the fact my previously employer will not change its stance, is it likely my backdated JSA claim will be approved on this basis? I refrained from applying to ensure I was doing the right thing and minimise any risks down the line.

 

Very much looking forward to hearing your views, thank you in advance.

[estellyn]

No, it does not sound like you have good cause for claiming late. Sorry, JSA backdating is rarely approved.

[wndzr]

No, it does not sound like you have good cause for claiming late. Sorry, JSA backdating is rarely approved.

 

Hmm, I wasn't expecting that. I'll see what they say and let you know.