Good afternoon everybody,

I have client who worked 70 hours a week by mutual agreement with his employer.

He felt he was burning out because of the long working hours, so he left the job and applied for JSA but was refused.

Is it worth challenging the decision? or what should I advice him to do?

Thanks

Hi

Why was he refused, presume for leaving his job without good cause !
Oh dear - if thats the case bang in an appeal as he would have good cause, health, stress, unable to negotiate less working hours working more than 48 hrs p/wk - worktime directive, if this applied to his job.

You need to explore this in detail with your client, what did his employer say. if the above applies should also consider employment claim.

The DWP do not understand employment law or health & safety, they cannot refuse benefit or sanction if the previous employer was in breach of the law

From the DMG

34292

A claimant may leave their employment because they were required to work more than 48 hours a week, in contravention of the EU Working Hours Directive.

If they have taken no action to resolve their complaint with the employer, they cannot show just cause.

&

34295

The terms and conditions of employment (other than the level of pay) must make the employment so unsuitable that the claimant could not reasonably have been expected to stay in the job any longer. If this is the case, the claimant has just cause even if there were no prospects of other employment. But a claimant should have taken any steps possible through the proper channels to sort out the situation rather than leave immediately1. Otherwise the claimant does not have just cause for
leaving. 1 R(U) 20/64(T)

Workers can waive their right to work a Maximum 48hr week.

However,this is not continuous and the worker can cancel giving seven days notice to the employer.

http://www.businesslink.gov.uk/bdotg/action/detail?type=RESOURCES&itemId=1073793563

Its crying out for some caselaw I'm sure.

How scrupulous can a firm be who employs some one to work nearly twice the 37 hour standard? Would they accept the letter? Lose the letter? Is the culture of work one that would lead to dismissal?

"The average number of hours worked each week between September and November last year was 31.9, the Office for National Statistics (ONS)" 2007