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!

As everyone knows we started educating people on the lack of legalities behind the Conservatives’ Work Programme, suggesting to jobseekers that they can refuse the Work Programme. In addition to our efforts, as now available on refusewp.com, others went down a different route of not refusing the scheme but refusing to sign the data protection [...]

The honeymoon period is over. Early indications are clearly showing the “Refuse the Work Programme” (refusewp.com and other websites) efforts are more successful than DWP initially hoped. At the start they were unsure what to do. Now, it is of great regret to announce that DWP is sanctioning everyone refusing the scheme as an attempt [...]

Ipswich Unemployed Action has published a letter for jobseekers attending the Work Programme, who now wishes not to take any further part. The letter is as below (follow the link): Letter of Refusal for those who have consented to Work Programme under Duress Work Programme Network advice: Check the version of your letter to make [...]

Refusewp.com has responded to DWP’s reasons of authority for the Work Programme by releasing its Part 2 letter which claims there is no lawful authority behind mandating people on to the Work Programme and also criticised the reasons given in the form of listing laws in a decision as “deliberately fabricated” and “incorrect and intentional misinformation“.

It recognises two offences:-

• Misconduct in Public Office (Common Law), and
• Section 123 of the Social Security Administration Act 1992

Ipswich Unemployed Action publishes below a letter for those who have consented to Work Programme under Duress:-

[YOUR ADDRESS]

Secretary of State (Work and Pensions)
Department for Work and Pensions
Caxton House,
Tothill Street,
London,
SW1H 9DA

[DATE]

Dear Secretary of State,

I refuse the Work Programme

It has been brought to my attention that being mandated to the Work Programme was made by DWP in full vexatious dishonesty, where Jobcentre Plus has no lawful authority to request that jobseekers attend under the continuous treat of sanctions.

I have up until this point participated under duress. I no longer wish to participate in this illicit scheme.

I wholeheartedly refuse the “work programme” because my understanding is my continued participation in this illegitimate scheme may bring my benefit claim in disrepute by making me breach the jobseeking conditions. I shall not continue attending this scheme knowing this makes me a benefit thief by default.

I shall continue seeking employment whilst claiming Jobseekers Allowance in accordance with the Jobseekers Act 1995.

Under Section 10 (“Right to prevent processing likely to cause damage or distress”) of the Data Protection Act 1998 I request that the unlawful processing of my personal data and sensitive personal data is ceased with immediate effect in relation to the unlawful disclosure to your provider, and that stored data previously processed by the provider is destroyed without trace.

It is important that you seek legal advice on this matter before choosing ignoring this notice; as doing so and wrongly sanctioning me under Section 8 of the regulations for a different scheme will be committing a criminal offence.

This letter along with any subsequent correspondence received shall be recorded as evidence; along with any retaliatory benefit sanction; in a case investigating corruption in Government departments, which may result in civil and criminal proceedings against you.

Yours sincerely,

[YOUR FULL NAME]

We recommend everyone on the Work Programme who hasn’t refused it (through Work Programme Network letters or disputing the data sharing aspects) do so now by sending the above letter in recorded delivery (with a copy sent first class to your local Jobcentre Plus office) – under the following advice:-

• Continue attending up until you are excused (protects you from benefit sanctions)