Boycott Work Programme.
Posted by Work Programme | Posted in boycott work programme, DWP, jobseekers allowance, refuse the work programme, Work Programme | Posted on 24-01-2012
Tags: Ipswich Unemployed Action, Unemployment, Welfare, Workfare
It seems we have started a mini-revolution with thousands of people sticking up for their rights and rebelling against the Work Programme and other workfare schemes.
We would like to remind people, however, that there is more to refusing the work programme than refusing data protection waivers, as this articles explains.
The below article is snippets from Simple Guide: “How to deal with the Work Programme” for those placed on it (we recommend you read it in full, but its up to you!) and also additional notes.
Refuse to sign the modified Jobseekers Agreement (JSAg)
Why refuse to sign the modified Jobseekers Agreement? Simple, apparently the Work Programme is mandatory (we wont get involved in this for this article but browse this website to find out why) so why does Jobcentre Plus want your permission? Especially after all they have (or will soon) send so much of your personal information (including where applicable sensitive personal data) to a third party without your consent!!
The answer is very simple. They need as much information as possible as “evidence” to enforce their authority. But its mandatory so why do they need to prove your consent? Well we will let you work that out for yourself. As a Government department all decisions must be fair and “just”, and they risk judicial reviews at every turn which could damage their authority by forcing a change in law. So they must prove that you understand the law (or atleast agree so much to have an identical understanding as the unnamed decision maker posing as Secretary of State), that you are giving your consent (volunteering as opposed to being forced to undertake a “mandatory” activity), and that you know the consequences (benefit sanctions!!).
Of course this doesn’t really have too much binding as protection of say a judicial review, but its gold dust for benefit sanctions. They will automatically accept any sanction doubt thrown their way, however, if you are to stand a good chance of appealing the sanction decision, you must not consent – and you must not consent through the most important agreement for Jobseekers Allowance… the Jobseekers Agreement!!
Some websites are advising about sticking a line through parts of the Jobseekers Agreement about sharing some details. There are 2 reasons why we do not advise this.
1) Its the clause which states about being referred/attending/finding out about (etc.) the Work Programme that is relevant not so much about sharing CVs etc.
2) Jobseekers Agreement is carried in two forms… The first is the computer copy and the second is the signed copy. Its only typical that the signed (modified by you version) is lost and the first is relied on. You have some grounds of argument considering you haven’t signed it, but they are the authority here.
Refuse to sign the data protection waiver
Simple as. So we haven’t included this section of the article – but please be aware of the following VITAL one that many people are coming unstuck on.
Refuse to provide details to the Work Programme provider
If you either correct information or confirm, you are giving your consent!
Do not give spoof details either, they don’t need your contact details to raise a sanction doubt… they only need your name or NI. If you are to get a sanction doubt (for another reason) after giving fake details its unlikely you will be able to have a successful appeal.
Yes, that’s right folks… The Data Protection Act 1998 etc. requires data to be current and up to date, but its not your problem, you have not consent to it being held in the first place.
There is no valid point of being difficult to their staff and refusing the written waiver whilst correcting any mistakes or adding to the data (which is giving them information directly – they become a data controller rather than a data processor) this is giving your VERBAL implied consent!
But they cannot prove it? Well, if you have corrected or added to the additional information that acts as basic evidence – not exactly concrete but it will be their word against yours and as a corporate body they will always win in that argument.
Refuse to sign anything (including the fire register) including Action Plans
It is of vital importance that you understand you must NOT enter into any contractual or implied agreements.
This means NO Action Plans! Stick your name in the fire register but do not sign (stops them tracing your signature – happened under New Deal which pretty much the same providers such as A4e).
Some websites advise you to withdraw your consent in an “Action Plan” – we disagree, as your are giving implied consent for such data to be processed whilst also trying to revoke the consent… and agreeing to further activities to continue the cycle.
An Action Plan is an contractual agreement between you and the provider - its layout and purpose is proposed and template designed by DWP/Jobcentre Plus, but they are not a party to such contract.
This means you are giving implied consent to process (current appointment), you revoke your consent by Action Plan (post-current appointment) although agreeing to attend again and you give implied consent for your data to be processed (subsequent appointment), then revoke …. (cycle continues, you get the hint).
You aren’t actually revoking your consent at all!!
Participate in all “work-related” activities
It will be lame and the same stuff that you might have done on New Deal before the dawn of the new millennium… but this is “work-related” activity. Of course the scheme actually isn’t mandatory but can only be challenged by judicial review – unless you want 6 months of benefit sanctions!? We thought not.
So anything constituting training or to improve your employment prospects you must attend. This isn’t advisor appointments. These will include modules (CV writing etc.), job interviews etc. It also doesn’t include induction.
There is no legal requirement to enter into a contractual agreement with the provider (Action Plan).
You MUST communicate with the provider (send recorded delivery) and Jobcentre Plus to state you will participate in all work related activities to meet your requirements of being “Actively Seeking Employment“. You have to negotiate your right to participate in these modules on your terms – helps prevents benefit sanctions.
Of course, its a positive test (what you have done) not a negative test (what you have not done) to determine this but Jobcentre Plus never does this. 3 steps you have done that week, not any you haven’t done.
Compromise by disclaimer
To undertake that mentioned in the above section you must serve a disclaimer on them.
These above steps (view refusewp.com for full article – as on homepage) is only for those who have not been referred yet. Its too much too late for those who have been referred. We recommend you to contact PIL or another solicitor first to discuss the issue of workfare, and we suggest you mention at every opportunity the judicial review cases as stated on this website in regards to workfare.
More resources
- Consent.me.uk – A brilliant resource to help people with Work Programme Referrals on consent grounds. So much we agree with but we do not agree with everything advised on the consent.me.uk website so if you find anything in consent.me.uk that contradicts with that above and on refusewp.com, we recommend the above in place but of course its completely up to you.
- Boycott Workfare – Of course, we cannot forget Boycott Workfare!
