ADM: Work Experience when claiming Universal Credit

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ADM: Work Experience when claiming Universal Credit

Post by Non Deficere on Thu Mar 22, 2018 3:44 am

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Re: ADM: Work Experience when claiming Universal Credit

Post by Non Deficere on Tue Aug 07, 2018 9:38 am

The letter dated 2011 and posted on twitter regarding mandatory work experience is unlawful:

https://twitter.com/mrfrankzola/status/1026470712314408960/photo/1
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Re: ADM: Work Experience when claiming Universal Credit

Post by ABC on Fri Aug 10, 2018 12:14 pm

Non Deficere wrote:Useful information:

K5034, Note 2

K5041
K5042
K5043

K5060 +

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/687084/admk5.pdf

I don't know what the implications are but sections K5026 to K5050 have been deleted?
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Re: ADM: Work Experience when claiming Universal Credit

Post by Non Deficere on Fri Aug 10, 2018 7:12 pm

ABC

I don't think the missing sections have any impact on the overall conclusion, which is, participation in work experience is voluntary for JSA and UC claimants.
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Re: ADM: Work Experience when claiming Universal Credit

Post by MrFrankZola on Sat Aug 11, 2018 7:46 pm

Non Deficere wrote:ABC

I don't think the missing sections have any impact on the overall conclusion, which is, participation in work experience is voluntary for JSA and UC claimants.

Term "participation", is about actually undertaking Work Experience (WE)
(doing zero-wage labour at risk of sanctions).

The DWP argue that WE is 'voluntary', but this neglects the many instances outlined in ADMs https://www.gov.uk/government/publications/advice-for-decision-making-staff-guide K5 specifically https://docs.google.com/viewer?url=https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/720679/admk5.pdf that clearly say a sanction can apply when WE is not "started" or "tried", or "undertaken" in terms of the Welfare Reform Act (2012) Sec 16(3)(e) http://www.legislation.gov.uk/ukpga/2012/5/section/16/enacted.

Once a UC claimant 'agrees' to WE, it can be added to a Claimant Commitment as a mandatory Work Preparation requirement. (Per Sec 16(3)(e))

And if a 'Work Coach' considers WE would be 'good' for a claimant they have many coercive tools to use if declined.

As with the 'Charter Against Workfare' https://mrfrankzola.wordpress.com/charter/ I take the view that WE experience via the DWP has to be "entirely" voluntary. The mass withdrawal of supermarkets from offering DWP WE like Tesco's was based upon companies wanting ALL sanctions to be removed from WE.

More than 600 charitable orgs signed the 'Keep Volunteering Voluntary' agreement on the basis that WE does include sanctions and they refused (promised) not to offer the DWP WE placements. This video* https://www.youtube.com/watch?v=omquqPZ8b1E shows how the DWP defines 'voluntary' WE and the blog https://www.latentexistence.me.uk/mandatory-unpaid-work-the-evidence/ gives more details.

*When watching/listening to the video, listen to the interviewers references and questions relating to the word "start". Listen from 1.44 mins, noting: "there's nothing voluntary about that is there"?

An analogy would be the military quip 'never volunteer', as you may get the ultimate sanction: death

The Canary article https://www.thecanary.co/uk/analysis/2018/08/04/the-dwp-will-pay-out-almost-2m-after-breaching-thousands-of-peoples-human-rights/ was formally corrected because the author implied WE was entirely voluntary.

Some K5 extracts

   “Secretary of State can mandate the claimant to apply for, attend & start a work experience placement as part of a work preparation requirement

   K5123 Work experience

   If the claimant fails to …

   2. start the work experience, a low level sanction could apply if the claimant cannot show a good reason for the failure.

   Example 1
   Nicky notified of the start date, time and place of a work experience placement in a supermarket.
   She fails to turn up to start the placement as she says she didn’t fancy working in a supermarket.
   She didn’t think it would be for her.
   The DM considers Nicky does not have a good reason for not starting the work experience and imposed a low level sanction.    The DM considers it would have been reasonable for Nicky to have at least tried the placement before deciding it wasn’t for her”
   Source: DWP – ‘Chapter K5 : Low–level sanctions‘ – Undated – Last update 26 April 2018 – Accessed 06/8/18 [emphasis added] – Archive copy of K5 (pdf )
https://mrfrankzola.wordpress.com/2018/08/06/universalcredit-workfare-is-mandatory-and-not-voluntary-discuss/

"Workfare schemes force unemployed people to carry out unpaid work or face benefit sanctions that can cause hardship and destitution." https://mrfrankzola.wordpress.com/against-workfare-for-volunteering/

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Re: ADM: Work Experience when claiming Universal Credit

Post by Non Deficere on Sun Aug 12, 2018 8:23 am

I understand that little has improved since the Cait Reilly case and several thousand claimants have been sanctioned unlawfully due to the failures of the Secretary of State.

People have not been provided with adequate or quality prior information, which includes telling the claimant that participation in work experience (WE) is entirely voluntary.  Further, the notices must clearly and specifically describe what is expected.  A member here was sanctioned for 3 years and won his case due to the issue of unlawful MWA notices.

http://respectfulbenefits.forumotion.com/t372-another-tribunal-success
http://respectfulbenefits.forumotion.com/t332-tribunal-success

Universal Credit claimants can be mandated to attend an interview/information session to find  out more about the WE 'opportunity' and given a start date, but the claimant must be notified that they do not have to participate.

What does giving it a try mean?

I would like to see a copy of the notice and any other written information provided to UC claimants.
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Re: ADM: Work Experience when claiming Universal Credit

Post by MrFrankZola on Tue Aug 21, 2018 11:03 pm

Rather than "start" the word used in legislation is "undertaking":

Commit oneself to and begin (an enterprise or responsibility); take on.
https://en.oxforddictionaries.com/definition/undertake


Section 16 (3)(e) of the Welfare Reform Act (2012)
16 Work preparation requirement
(3)Action which may be specified under subsection (1) includes in particular—
(e)undertaking work experience or a work placement;
http://www.legislation.gov.uk/ukpga/2012/5/section/16

This FOI:
https://www.whatdotheyknow.com/request/dwp_concerns_about_youth_obligat#outgoing-804359
about DWP own concerns about applying work experience related sanctions to the Youth Obligation, whilst noting:


'Chapter K5 : Low–level sanctions':


Youth Obligation
(At six months of unemployment on UC)


Participating in a sbwa

K5066 ... "Whilst their decision to take part in the work experience
placement is voluntary, if they agree to a placement they will be expected to start. If
they fail to start, without good reason a sanction will apply"

Traineeships

K5069 ... "Whilst their decision to take part in the work
experience placement is voluntary, if they agree to a placement they will be expected
to start. If they fail to start for no good reason a sanction will apply"
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/720679/admk5.pdf

To April 2018, 253 UC sanction referrals made for

'failure to undertake work experience or a work placement'

Using https://stat-xplore.dwp.gov.uk
Discussed at https://mrfrankzola.wordpress.com/2018/08/20/universalcredit-workfare-253-benefit-sanctions-to-april-2018/

Claimant scenario

UC claimant formally 'volunteers' to undertake work experience (WE) and they agree for to be added to their
claimant commitment as a 'work preparation requirement'.

Claimant given a notification letter with details of the start date, employer and location of the WE and the legislation that applies and the sanctions for not undertaking it. (still working on getting copies of notification letters)

Claimant now does not want to undertake WE and has no 'good reason' for not wanting to, how can they show they undertook the placement but then decided it was not for them and then end it without a risk of a sanction?

The DWP exchange the word "undertaking" for 'start', so the conundrum is what constitutes 'start' and 'undertake' in the
context of WE and how can such then be used to avoid a sanction?

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Re: ADM: Work Experience when claiming Universal Credit

Post by Non Deficere on Wed Aug 22, 2018 9:04 am

MrFrankZola wrote:Rather than "start" the word used in legislation is "undertaking":

Commit oneself to and begin (an enterprise or responsibility); take on.
https://en.oxforddictionaries.com/definition/undertake


Section 16 (3)(e) of the Welfare Reform Act (2012)
16 Work preparation requirement
(3)Action which may be specified under subsection (1) includes in particular—
(e)undertaking work experience or a work placement;
http://www.legislation.gov.uk/ukpga/2012/5/section/16

This FOI:
https://www.whatdotheyknow.com/request/dwp_concerns_about_youth_obligat#outgoing-804359
about DWP own concerns about applying work experience related sanctions to the Youth Obligation, whilst noting:


'Chapter K5 : Low–level sanctions':


Youth Obligation
(At six months of unemployment on UC)


Participating in a sbwa

K5066 ... "Whilst their decision to take part in the work experience
placement is voluntary, if they agree to a placement they will be expected to start. If
they fail to start, without good reason a sanction will apply"

Traineeships

K5069 ... "Whilst their decision to take part in the work
experience placement is voluntary, if they agree to a placement they will be expected
to start. If they fail to start for no good reason a sanction will apply"
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/720679/admk5.pdf

To April 2018, 253 UC sanction referrals made for

'failure to undertake work experience or a work placement'

Using https://stat-xplore.dwp.gov.uk
Discussed at https://mrfrankzola.wordpress.com/2018/08/20/universalcredit-workfare-253-benefit-sanctions-to-april-2018/

Claimant scenario

UC claimant formally 'volunteers' to undertake work experience (WE) and they agree for to be added to their
claimant commitment as a 'work preparation requirement'.

Claimant given a notification letter with details of the start date, employer and location of the WE and the legislation that applies and the sanctions for not undertaking it. (still working on getting copies of notification letters)

Claimant  now does not want to undertake WE and has no 'good reason' for not wanting to, how can they show they undertook the placement but then decided it was not for them and then end it without a risk of a sanction?

The DWP exchange the word "undertaking" for 'start', so the conundrum is what constitutes 'start' and 'undertake' in the
context of WE and how can such then be used to avoid a sanction?

Undertake in this context is agreeing to the WE.

Start means turning up on the start date within the notice.

No sanction can apply if the person decides to leave early unless a standards of behaviour clause is included in the notice as well as the consequences for failing to comply.

K5123 Although participation in work experience is voluntary, the Secretary of State can mandate the claimant to apply for, attend & start a work experience placement as part of a work preparation requirement1. If the claimant fails to
1. attend the initial interview or
2. start
the work experience, a low-level sanction could apply if the claimant cannot show a good reason for the failure. However, if the claimant leaves or loses a work experience placement no sanction can apply unless the claimant is dismissed or loses the place due to gross misconduct (see K5124). However, see the guidance on Youth Obligation claimants at K5062 et seq.

Nicky did not turn up on the start date.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/734050/admk5.pdf

Perhaps, members could assist in designing a template once we have copies of the notices. Question
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Re: ADM: Work Experience when claiming Universal Credit

Post by MrFrankZola on Wed Aug 22, 2018 4:41 pm

"Undertake in this context is agreeing to the WE.

Start means turning up on the start date within the notice.

However, see the guidance on Youth Obligation claimants at K5062 et seq."
http://respectfulbenefits.forumotion.com/t1700-adm-work-experience-when-claiming-universal-credit#7246

Example given above concern the Youth Obligation. The UC sanctions stats specifically relate to:

'failure to undertake work experience or a work placement'
(the word "start" is not mentioned)

Which legislation and sections thereof relates to the word "Start"?

Undertake [thesaurus]
launch into, enter on, begin, start, embark on, venture on
https://en.oxforddictionaries.com/thesaurus/undertake

Undertake [definition]
Commit oneself to and begin (an enterprise or responsibility); take on.
https://en.oxforddictionaries.com/definition/undertake

If would be a total nonsense for a work experience placement notice to not include a 'start' date. And "if the claimant leaves or loses a work experience placement no sanction can apply", would clearly suggest a placement did 'start'. Still leaves open how the DWP and it's DM would interpret and give meaning to the word 'start', in terms of a sanction.

"Start means turning up on the start date within the notice. "?

So what does the word "attend" mean? Could than not just mean "turning up"? Per

"K5123 Although participation in work experience is voluntary, the Secretary of State can mandate the claimant to apply for, attend & start a work experience placement as part of a work preparation requirement"

"K5123 Although participation in work experience is voluntary, the Secretary of State can mandate the claimant to

apply for,

attend & [ Be present at (an event, meeting, or function ]

start a work experience placement as part of a work preparation requirement"

****

The DWP may simply interpret the word "undertaking" to mean "apply for, attend & start" work experience or a work placement, per the:

Work preparation requirement

(1) In this Part a “work preparation requirement” is a requirement that a claimant take particular action specified by the Secretary of State for the purpose of making it more likely in the opinion of the Secretary of State that the claimant will obtain paid work (or more paid work or better-paid work).

(2)The Secretary of State may under subsection (1) specify the time to be devoted to any particular action.

(3)Action which may be specified under subsection (1) includes in particular—

...

(e) undertaking work experience or a work placement;
http://www.legislation.gov.uk/ukpga/2012/5/section/16

****

Will await to see the work experience or work placement notification letters before further comment. Anyone can request the notification letters via https://www.whatdotheyknow.com/body/dwp

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Re: ADM: Work Experience when claiming Universal Credit

Post by Non Deficere on Wed Aug 22, 2018 5:41 pm

The wording is ambiguous, probably deliberately.

Faillure to attend /failure to participate in a work focused interview are 2 separate labour market questions.

It is clear to me, that leaving a WE opportunity after starting is not sanctionable unless there is a breach of the standards of behaviour clause.

The notices have been requested.
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Re: ADM: Work Experience when claiming Universal Credit

Post by dboy on Thu Aug 23, 2018 1:02 pm

Interesting thread, in summery then I can say if I was faced with this situation,

Participation (physically turning up ) failing this element can lead to a sanction if mandated to do so but taking up the offer or completing the opportunity is not mandated and therefore that element is indeed voluntary

If at any point the claimant decides to leave the opportunity once started they are free to do so.

If they commit gross conduct they can sanctioned as per the behaviour policy.

But,

They could be asked to leave lets say for being late lazy or having days off but that is not gross conduct and therefore should not lead to a sanction.


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Re: ADM: Work Experience when claiming Universal Credit

Post by Non Deficere on Fri Aug 24, 2018 4:52 pm

dboy wrote:Interesting thread, in summery then I can say if I was faced with this situation,

Participation (physically turning up ) failing this element can lead to a sanction if mandated to do so but taking up the offer or completing the opportunity is not mandated and therefore that element is indeed voluntary

If at any point the claimant decides to leave the opportunity once started they are free to do so.

If they commit gross conduct they can sanctioned as per the behaviour policy.

But,

They could be asked to leave lets say for being late lazy or having days off but that is not gross conduct and therefore should not lead to a sanction.

Reply: 
It is usually the work programme that issues a standards of behaviour clause within the referral notice.  Leaving due to misconduct is not applicable to the Youth Obligation programme.  Further information will available in due course.

The key message is, do not volunteer to  undertake work experience before taking advice.
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Re: ADM: Work Experience when claiming Universal Credit

Post by MrFrankZola on Fri Aug 24, 2018 6:01 pm

Non Deficere wrote:
dboy wrote:Interesting thread, in summery then I can say if I was faced with this situation,

Participation (physically turning up ) failing this element can lead to a sanction if mandated to do so but taking up the offer or completing the opportunity is not mandated and therefore that element is indeed voluntary

If at any point the claimant decides to leave the opportunity once started they are free to do so.

If they commit gross conduct they can sanctioned as per the behaviour policy.

But,

They could be asked to leave lets say for being late lazy or having days off but that is not gross conduct and therefore should not lead to a sanction.

Reply: 
It is usually the work programme that issues a standards of behaviour clause within the referral notice.  Leaving due to misconduct is not applicable to the Youth Obligation programme.  Further information will available in due course.

The key message is, do not volunteer to  undertake work experience before taking advice.

Youth Obligation

K5062 "Youth Obligation is not defined in legislation

Note: A 2  to 8 weeks work experience placement may be available to Youth
Obligation claimants in the first 6 months of their claim
but participation is not mandated and is purely voluntary
, therefore no sanction can be applied for failing to
participate or if they leave or are dismissed for misconduct.

[Youth Obligation] At six months of the claim  

K5064


Participating in a sbwa

K5066

"Whilst their decision to take part in the work experience
placement is voluntary, if they agree to a placement they will be expected to start. If
they fail to start, without good reason a sanction will apply. If they start but they or
the employer later decides that the placement is not suitable they may leave and a
sanction will not apply. However, if they start the work experience placement and are
asked to leave because of their misconduct they may be sanctioned
"

Guaranteed 3 month work experience placement

K5067   Participation in a work experience placement is voluntary
and  therefore  no sanction can be applied for failing to participate or if a claimant loses or is dismissed from a
placement due to misconduct.

If a claimant agrees to participate in a guaranteed 3 month work experience opportunity but changes their mind before they start or during their placement, a sanction cannot be applied. However, if they do take up the
guaranteed 3 month work experience placement and are dismissed for gross
misconduct they may be sanctioned.


Example 2  
Peter is on Youth Obligation and volunteers for a 3 month guaranteed work
experience placement at a garage. He is dismissed from the work experience
placement for assaulting a colleague and causing actual bodily harm.  
His conduct can be regarded as gross misconduct and a low-level sanction imposed


Traineeships

K5069

..." However, if they start the work experience
placement and are asked to leave because of their misconduct they may be
sanctioned.

See further guidance on work experience at
K5121"[below]

Work experience

K5121   In UC legislation there is no definition of work experience. Participation in a work
experience opportunity is on a purely voluntary basis and a low–level sanction can not be imposed where the claimant fails to comply for no good reason with
a  work experience opportunity either
1.    by way of a work preparation requirement or
2.   as part of participation in a mandatory employment scheme such as the Work
Programme, sector-based work academies or traineeship (see K5
051 et seq for guidance on mandatory employment schemes)
unless the claimant is dismissed for gross misconduct.  

Chapter K5
: Low–level sanctions

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/734050/admk5.pdf

Support for 18 to 21 year olds claiming Universal Credit
If you are still unemployed after having received intensive support for 6 months, you will be offered a sector-based work academy placement or encouraged to take up a traineeship, or equivalent provision in Scotland and Wales. Both of these combine vocational training with work experience.
https://www.gov.uk/guidance/support-for-18-to-21-year-olds-claiming-universal-credit#work-experience

UCFS78 Youth Obligation Facilitator Brief
There will not be specific traineeships or sbwas [sector-based work academy] for YO
claimants. They will join existing provision...
Page 23
https://www.whatdotheyknow.com/request/453465/response/1108908/attach/14/Youth%20Obligation.pdf

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Re: ADM: Work Experience when claiming Universal Credit

Post by Non Deficere on Sat Aug 25, 2018 7:53 am

Thanks Frank.

I notice that the letter (Annex 1) for UC work programme participants does not exit.

The UC WPPG was only updated in July 1018.

What is work experience on a voluntary basis?
3.06 Work experience on a voluntary basis can be an extremely valuable way for participants to gain or update experience of the workplace. Each placement will be tailored to the participant’s personal circumstances, including any health condition or disability to ensure the work experience is appropriate. Generally it will be over a short period, with restricted hours in recognition of the participant’s individual capability and circumstances.
3.07 Work experience on a voluntary basis is unpaid, should not displace or be a replacement for paid employment and should primarily be aimed at improving the participant’s employability.
3.08 Participation is voluntary for UC participants – they can decide not to take up a placement, or to leave a placement, without sanction consequences.
3.09 There is not a specified minimum or maximum duration for work experience. Therefore, it is for you decide with the agreement of the employer what the suitable length of the work experience on a voluntary basis should be to meet the needs and circumstances of the participant.

You should stress that attendance on work experience is entirely voluntary and that non-participation will have no sanction consequences on their Universal Credit award.

Referring participant to work experience on a voluntary basis

3.21 Once the participant has decided to participate in work experience on a voluntary basis, issue them with the letter found in Annex 1 detailing their attendance arrangements.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/723535/universal-credit-work-programme-dwp-provider-guidance.pdf

Annex 1 – Work experience on a voluntary basis letter
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/57259 9/uc-volworkexp.rtf

I see:{"_response_info":{"status":"not found"}}


In the JSA WPPG  there is reference to a sanction (3c)
 JSA participants, if applicable: once they have started, the employer will expect the same basic standards of good behaviour from participants as they expect from their employees and, therefore, dismissal for gross misconduct (as identified by the host employer) could lead to a benefit sanction

This is not included in the UC WPPG !
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/723297/work-programme-chapter-3c.pdf
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Re: ADM: Work Experience when claiming Universal Credit

Post by MrFrankZola on Sat Aug 25, 2018 12:05 pm

Non Deficere wrote:Thanks Frank.

I notice that the letter (Annex 1) for UC work programme participants does not exit.

The UC WPPG was only updated in July 1018.

What is work experience on a voluntary basis?
3.06 Work experience on a voluntary basis can be an extremely valuable way for participants to gain or update experience of the workplace. Each placement will be tailored to the participant’s personal circumstances, including any health condition or disability to ensure the work experience is appropriate. Generally it will be over a short period, with restricted hours in recognition of the participant’s individual capability and circumstances.
3.07 Work experience on a voluntary basis is unpaid, should not displace or be a replacement for paid employment and should primarily be aimed at improving the participant’s employability.
3.08 Participation is voluntary for UC participants – they can decide not to take up a placement, or to leave a placement, without sanction consequences.
3.09 There is not a specified minimum or maximum duration for work experience. Therefore, it is for you decide with the agreement of the employer what the suitable length of the work experience on a voluntary basis should be to meet the needs and circumstances of the participant.

You should stress that attendance on work experience is entirely voluntary and that non-participation will have no sanction consequences on their Universal Credit award.

Referring participant to work experience on a voluntary basis

3.21 Once the participant has decided to participate in work experience on a voluntary basis, issue them with the letter found in Annex 1 detailing their attendance arrangements.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/723535/universal-credit-work-programme-dwp-provider-guidance.pdf

Annex 1 – Work experience on a voluntary basis letter
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/57259 9/uc-volworkexp.rtf

I see:{"_response_info":{"status":"not found"}}


In the JSA WPPG  there is reference to a sanction (3c)
 JSA participants, if applicable: once they have started, the employer will expect the same basic standards of good behaviour from participants as they expect from their employees and, therefore, dismissal for gross misconduct (as identified by the host employer) could lead to a benefit sanction

This is not included in the UC WPPG !
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/723297/work-programme-chapter-3c.pdf


@Non Deficere  You may wish to say UC Work Experience is "entirely voluntary", but that just reflects DWP propaganda.

Definition of entirely in English
"Completely (often used for emphasis)"
https://en.oxforddictionaries.com/definition/entirely

Entirely? @Debbie_abrahams

During reading of the pro #benefitsanctions & #workfare bill this also said: "Again, I support the principle of a sanctions regime. If somebody consistently fails to turn up for [zero wage] work experience...sanctions should be applied" by @Debbie_abrahams
https://publications.parliament.uk/pa/cm201213/cmhansrd/cm130319/debtext/130319-0002.htm#13031966000011

UC "up to April 2018 there has been 253  referrals for a sanction [1] because of claimants ‘failure to undertake work experience or a work placement’ "
https://mrfrankzola.wordpress.com/2018/08/20/universalcredit-workfare-253-benefit-sanctions-to-april-2018/

How can Work Experience be voluntary with this:

"Secretary of State can mandate the claimant to apply for, attend & start a work experience placement as part of a work preparation requirement…"?

Work Experience can never be voluntary whilst sanctions can exist for not starting it and or for misconduct.

Why do you think 600+ charitable organisations refuse to host DWP Work Experience?
https://mrfrankzola.wordpress.com/2018/05/25/665-organizations-against-workfare-for-volunteering/


It would be more accurate to say Work Experience is not being mandated at the momemnt, but once a UC claimant 'volunteers' sanctions can apply (in specific situations I have cited). This is the exact context/policy many employers(Tesco, Waterstones etc) withdrew from offering DWP unpaid work experience placement, see

C4 News confronts Grayling with proof of mandatory work experience
'plainly scheme is not a voluntary one'
'If you fail to start you could' ' face a sanction'
'Nothing voluntary about that'
https://www.youtube.com/watch?v=omquqPZ8b1E
https://www.latentexistence.me.uk/mandatory-unpaid-work-the-evidence/



   Charter Against Workfare
   A Statement of Principles
   (For any workplace based scheme for benefit claimants)

   “First, it must be entirely voluntary.

   Secondly, there should be real training so that people go away at the end with skills that are relevant to their future employment prospects.

   Thirdly, those concerned must have employee status so that they are protected by health and safety and equal opportunities legislation.

   Fourthly, they must be paid the rate for the job—not benefit-plus—and,

   finally, projects must have trade union approval.”

   Unemployment – Part of the debate – in the House of Commons at 5:11 pm on 14th December 1987.
http://www.theyworkforyou.com/debates/?id=1987-12-14a.800.1

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Re: ADM: Work Experience when claiming Universal Credit

Post by Non Deficere on Sat Aug 25, 2018 1:43 pm

I don't disagree with your sentiments Frank.

I can only advise that UC claimants can choose not to participate in work experience, following a notice to start on a specific date and time.

No sanction can be applied unless a notice is issued which includes gross misconduct.

Work experience
K5121 In UC legislation there is no definition of work experience. Participation in a work experience opportunity is on a purely voluntary basis and a low–level sanction cannot be imposed where the claimant fails to comply for no good reason with a work experience opportunity either
1. by way of a work preparation requirement or
2. as part of participation in a mandatory employment scheme such as the Work Programme, sector-based work academies or traineeship (see K5051 et seq for guidance on mandatory employment schemes)
unless the claimant is dismissed for gross misconduct.
For guidance when a sanction may be imposed see K5123.
K5122 Claimants should be encouraged to take part in work experience as it can improve their prospects of employment. It provides the opportunity to gain some tangible work related experience and claimants should gain an insight into the skills and behaviours employers require and see how the skills they have can be adapted to the work place. It gives the claimant opportunity to
1. learn new skills
2. demonstrate they
are reliable, for example by turning up on time every day, can follow instructions
can work and cooperate with others
3. get an up to date entry for their CV and
2.1 2.2 2.3
4. impress so that ideally they get a work related reference from the employer.
K5123 Although participation in work experience is voluntary, the Secretary of State can mandate the claimant to apply for, attend & start a work experience placement as part of a work preparation requirement1. If the claimant fails to
1. attend the initial interview or
2. start
the work experience, a low-level sanction could apply if the claimant cannot show a good reason for the failure. However, if the claimant leaves or loses a work experience placement no sanction can apply unless the claimant is dismissed or loses the place due to gross misconduct (see K5124). However, see the guidance on Youth Obligation claimants at K5062 et seq.
Note : Whilst it is expected a claimant will behave reasonably whilst on a placement, if they are dismissed for misconduct or behaviours whilst participating in a work experience placement UC benefit will not be affected unless they are dismissed for gross misconduct (see K5124).

1 WR Act 12, s 16(3)(e)
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Re: ADM: Work Experience when claiming Universal Credit

Post by MrFrankZola on Sat Aug 25, 2018 9:45 pm

ADMs relate only to Universal Credit The actual UC WE experience sanctions are recorded on
https://stat-xplore.dwp.gov.uk , under the term:

‘fail to undertake work experience or a work placement’

JSA and ESA sanctions stats have no equivalent of

‘fail to undertake work experience or a work placement’

For the 2 year Work Programme "Referrals to this programme ended on 31 March 2017" and it will cease to exist March 2019. https://www.gov.uk/government/publications/work-programme-dwp-provider-guidance

Work Programme provider guidance
Chapter 3c: work experience and community benefit work placement
Community Benefit work placement referral
5. You can decide as appropriate to mandate suitable  JSA and ESA participants
https://www.gov.uk/government/publications/work-programme-dwp-provider-guidance

ADM - Chapter K5 : Low–level sanctions
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/734050/admk5.pdf

Gives a number of instances when sanctions apply when a claimant does not "start" WE (after 'volunteering to WE) and an example is given of a sanction because a WE placement was not "tried"

For the Youth Obligation, after six months of a claim sanctions can apply when a claimant agrees to
undertake WE as part of a Traineeship or SBWA but does not "start" it or is dismissed from a WE placement for 'gross misconduct', to quote:

Work Experience: "If they fail to start, without good reason a sanction will apply. "
(Used in K5066 SBWA and K5069 Traineeships, regarding WE)

"will apply"

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/734050/admk5.pdf

When asking DWP questions on it's WE, they could easily ignore references to
SBWAs, Traineeships and Community Benefit work placements (Work Programme) which all include unpaid-work as strictly speaking they are not WE schemes, but sub-components of other schemes.

Using the WE lexicon of the DWP ignores mandated 'Community Benefit work placements' (Work Programme) and the sanctions that relate to the WE elements of the SBWA and Traineeships.

WE placements are not free from coercion as sanctions are integral to them, for examples given above.

Reasonable speculation: It is highly improbable the DWP Work 'Coach' gives claimants anything in writing that helps them understand "start" sanctions before they 'volunteer' to a WE placement.

Written notifications and information is most probably provided after 'volunteering' to a WE placement, when the 'Coach' has verbally convinnced a claimant of the value of WE at the prompt of a 'Coach' and not a claimant.

There has been  730,130+ zero wage work experience “starts”, with 27,800+  within the DWP and Jobcentres. When did it start being OK, that to get paid work workers are expected* to give employers free labour, arranged by the State?
https://mrfrankzola.wordpress.com/2018/08/20/universalcredit-workfare-253-benefit-sanctions-to-april-2018/

*A DWP culture (State) that promotes unpaid work as a means to obtain paid work, is one based on coercion and can never be engaged in on a 'voluntary' basis, sanctions included or not - often best highlighted by the term: workfare

Workfare?

"Stripped down to it’s labour-regulatory essence, workfare is not about creating jobs for people that don’t have them; it is about creating workers for jobs that nobody wants. In a Foucauldian sense, it is seeking to make “docile bodies” for the new economy: flexible, self-reliant and self-disciplining”
Source: Jamie Peck in Workfare States (2001)

Benefit claimants need to be:

"flexible, self-reliant and self-disciplining”

is exactly how Universal Credit is often presented, in official Gov circles and documents.

It is uncomfortable but even the term “docile bodies” may explain UC's wider in and out of work agenda. (punish and discipline)

Or

'to make work pay'
https://www.startpage.com/do/search?cmd=process_search&query=%22make+work+pay%22&language=english&lui=&pl=&with_date=&ff=&rl=&with_region=countryUK&abp=1

benefits must not pay

and if

work itself does not pay, as in Work Experience....what next?

Is the Universal Credit 35 hour a week work search and preparation regime, not a form of work?
Cameron initiated this change with ideas like

'finding a job is a full time job in itself'...

so Universal Credit integrated this idea with sanctions added to ensure compliance, when a claimant is either unemployed or undertaking paid work.

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Re: ADM: Work Experience when claiming Universal Credit

Post by Non Deficere on Sun Aug 26, 2018 10:51 am

In my view, the key problem is, that Jobcentre staff/providers do not provide all the information and people fail to attend/start, because they think they have to participate for the duration.

A community work placement is more difficult to dodge, but not impossible.

Well done to all those people resisting unpaid work as well as the activists involved in stopping it.




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