Hot Topics: Jobcentre Plus

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Re: Hot Topics: Jobcentre Plus

Post by Caker on Fri Jun 09, 2017 7:20 am

My particular JC has the (disingenuous) strategy of having no knowledge of the law and therefore claiming that it does not apply in the circumstances.

It is a bit like a very small child who covers their eyes and thinks that this makes them invisible to everyone Rolling Eyes


Last edited by Caker on Fri Jun 09, 2017 6:55 pm; edited 1 time in total (Reason for editing : typo)
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Re: Hot Topics: Jobcentre Plus

Post by Mary_FV on Fri Jun 09, 2017 7:20 am

Absolut wrote:
Mary_FV wrote:it allows the JC official time to find jobs you have missed or ones you have applied for and are considered unsuitable.

Quick reminder about ASE and job applications:

34721 Legislation provides that a failure is a sanctionable failure where a claimant refuses or fails without good reason to
1. apply for or
2. accept if offered

a situation in any employment which an Emp O has informed is vacant or about to become vacant1.

34722 A sanction can only be imposed if the claimant

2. was informed by an Emp O of employment which was vacant or about to become vacant (see DMG 34723)
3. has
3.1 refused or failed to apply for the vacancy or
3.2 refused to accept the vacancy when offered (see DMG 34732) and
4. does not have good reason for the refusal or failure (see DMG 34200 et seq).

Actively Seeking Work and Refusal of Employment are 2  separate labour market questions, but are closely linked.  If it is deemed that jobs were available as well as suitable during the job seeking period and it was reasonable for you to find and apply for those jobs during the course of your actively seeking work activities an ASE adverse decision may follow.  If the JC official identifies a job and you are lawfully directed to apply and fail to do so, the much harsher sanction period of 13 weeks applies for a first offence.  

My wc often attempted to persuade me to apply for jobs (cleaning, shop jobs etc) that I was not qualified to apply for. It was always vague, was never any actual or real vacancy, and of course, she never wrote any of her "advice" either on a Job Seeker's Direction or on my CC, so I ignored her.

A direction to apply for a suitable job can be made verbally providing all the legal elements are present i.e. the job is suitable taking into account all your circumstance including your availability, you are given details of the vacancy, the date and how to to apply as well as the consequence of not applying. Many people are not lawfully notified and are subsequently sanctioned for failing to apply.  However, a verbal notice is easier to challenge.

She also failed on multiple occasions to note on LMS that I had an active job search in order to make it appear in LMS notes that I wasn't ASE. I would advise any claimant who is being harassed by their wc to put in a SAR request and particulary concentrate on getting data contained in the LMS notes section as it is often wildly inaccurate, but can be an insight into what game your wc is attempting to play.

I agree.

Mary_FV wrote:Every office/district introduces local procedures that in the majority of cases do not comply with national DWP policy/the relevant legislation that is in force.

In other words, they make it up as they go along.  Evil or Very Mad

Very true!  Mad


Last edited by Mary_FV on Fri Jun 09, 2017 8:17 am; edited 1 time in total (Reason for editing : typos)
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Re: Hot Topics: Jobcentre Plus

Post by Absolut on Fri Jun 09, 2017 11:54 am

Mary_FV wrote:If the JC official identifies a job and you are lawfully directed to apply and fail to do so, the much harsher sanction period of 13 weeks applies for a first offence.

You are quite right Mary, sorry if it was confusing to readers. Thanks for clearing it up  Very Happy .

Mary_FV wrote:thats the whole point why they want you to email your jobsearch evidence so they can find what you havent been looking for

I am reminded of what has been pointed out many times, mostly by you, that a member of JC staff focussing more on what a claimant hasn't done rather than on what they have done can be deemed to be unreasonable.

Mary_FV wrote: A direction to apply for a suitable job can be made verbally providing all the legal elements are present

Quite right. My own wc said she "expected" me to apply for cleaning and shop jobs. I ignored her because:  

A claimant with a physical or mental condition is allowed to place any type of restrictions on the work they can accept if they can show that the restrictions are reasonable and are connected with their health. They do not have to show they have reasonable prospects of getting a job.

cheers
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Re: Hot Topics: Jobcentre Plus

Post by Mary_FV on Fri Jun 09, 2017 12:06 pm

In the case I refer to above, the person was expected to use 30 job sites, which is unreasonable.

Expecting claimants to use many site leaves the the JC endless opportunities to find jobs that have been missed. The JC official claimed the claimant had not been diligent - for goodness sake every claimant in the country could be tripped up quite easily and with little effort.

The overriding test is, has the person taken reasonable steps for their circumstances regardless of the steps listed in the Jobseeker Agreement/Claimant Commitment or the volume of vacancies on the Internet.



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