Threatened with a 'Failure to participate' for not handing over my resume

This should help.JaybeeInRB

"No, you don't need to give them or email your CV to a restart provider. Yes, you can just show them a paper copy. Do not let them take a copy.

Restart has 1 legal right: the right to mandate claimants to undertake job search activity and/or work preparation activities. Until it's mandated, it's entirely voluntary."

https://respectfulbenefits.forumotion.com/t4800-restart-cv

Diagnostics is a seriously Orwellian term. At your first appointment did they do a load of pseudo-assessments on you, such as asking about your "barriers", work history, qualifications, types of work you are looking for, asking about driving licence, interview clothes, asking about the type of person you are? That's the sort of thing they mean by diagnostics. They are usually trying to gauge if you are "work ready" and if they need to make any "interventions". For example, if you tell them you have a history of depression they may refer you to one of their well being courses. If you have no IT skills or they don't deem them sufficient they'll use that to put you on a course.

Aways remember, even if your advisor is OK with you, they work for sharks. As Absolut of this forum has repeatedly stated, Restart providers are nothing more than back door employment agencies. When you start earning, they start earning. Their diagnostics are about how they can justify their existence and to lever you into any job as quickly as possible.

As for getting sanctioned for not handing over your CV it is a tricky one. Start at the beginning. You say you have not consented to them sharing your data. Therefore they do not need to retain a copy because they are going to respect your choices not to share your data. Your CV is your personal data. I'm on JSA not UC so I don't know if different rules apply, but even WCs know they can ask to see your CV but they cannot retain a copy because of data protection law. As those FOI show, not signing paperwork is not sanctionable. Offer a solution which demonstrates you are happy-ish to let them assist with your jobsearch and CV writing. So, if they become aware of a job they think you are suitable for they should email you the details and you can then apply directly yourself - they don't need to retain your CV then, do they? If you did the diagnostics then presumably your advisor kept records of this and should just be able to look in your file to know your work history, qualifications etc. They shouldn't then need your CV. Print a copy of it, watermark with "Copy" or "No Consent to Share" or some such and at your next appointment offer it to them to read only. If they don't want to read a paper copy then that is there bad, not yours. If they can only read a digital copy, what is their reaction purpose? Even if your advisor is visually impaired and needs things enhancing on a screen, it's their employers job to make a reasonable adjustment for them, not yours to give up your rights.

Sanction threats are spiteful bullying. If someone just refused to show them their CV it's dodgy. If you demonstrate to a DM you had good cause in wanting to ensure your data protection rights were upheld, you never signed an action plan agreeing to hand over your CV, as the DWP acknowledges not signing is not sanctionable, but you repeatedly gave them a paper copy of your CV and were happy to have feedback on it, you are on stronger ground. Make it look like this little contretemps is about how you present your CV to them, and not about refusing to show it to them at all. The latter is harder to defend.

It's not 100% related to CV use but I wish everybody who thinks they are forced onto Restart programmes should read this.
We have had this info from Frank and myself before but this is a more recent confirmation. From David James in June 2023. I will look for the original on here for the confirmation that you can't be sanctioned for refusing to sign.

https://www.whatdotheyknow.com/request/not_signing_the_restart_provider/response/2327517/attach/html/5/James%20D%20Response%20FOI2023%2036866%20v2.pdf.html

DWP Central Freedom of
Information Team
Caxton House
6-12 Tothill Street
London
SW1H 9NA

freedom-of-information-

20 September 2021

Thank you for your Freedom of Information (FoI) request received on 27 August. You wrote:
“In the case of a claimant mandated to the Restart Scheme, who does not wish to
participate in the scheme, and refuses to sign any of the paper or electronic documents,
including the Action Plan. I ask for ful  details of the procedures and regulations, by which
a doubt may be raised, or a sanction imposed upon the claimant. Specifically in the
fol owing two instances:
a) Where the claimant has refused to sign any paper or electronic documents required by
the training provider, including the Action Plan, and takes no further part in the Restart
Scheme.
and
b) Where the claimant has refused to sign any paper or electronic documents required by
the training provider, including the Action Plan, but takes part in the Restart Scheme and
all mandated actions, without actually signing anything.
(You wil  note that in this case there can be no contractual agreement between the
claimant and the training provider per se due to the absence of the claimant’s
signature ).”
DWP Response
To answer your questions, DWP Jobcentre Plus work coaches can request that a claimant
undertakes a task or take part in a specific programme to support them back into
employment.
Restart is just one of many programmes available to help people looking for work. Restart is
a new provision with a new approach, and has been designed to focus on positively engaging
participants, so that mandation is considered only where other attempts have failed.
Providers will be expected to engage participants by emphasising the advantages of
participation. If a participant is mandated to an activity by the provider and fails to comply, the
provider is expected to raise a compliance doubt with Jobcentre Plus and a decision wil  be
made as to whether a sanction should be imposed. If a claimant refuses to take part in any
1
stage of that process, a compliance doubt may be raised, which may or may not result in a
sanction being imposed.
A participant may refuse to complete or sign any forms or documents drawn up by a Restart
provider, and there is no specific legislation that requires a participant to give a reason for
declining to complete an initial diagnostic assessment, or sign an action plan. It is extremely
unlikely that a provider would make the signing of an action plan a mandatory activity.
The department has no recorded information which refers to any regulations, or a legal or
mandatory requirement for Restart participants to complete or sign paper or electronic
documents drawn up by a provider.
We do however, ask providers to note any reasons offered for the refusal to sign an action
plan, but as already stated, the participant is not obliged to supply a reason. A Restart
participant is expected to comply with any mandated activities set out in the action plan but
no legislation compels them to sign or provide reasons for refusal to sign. However, a failure
to adhere to the mandated actions set out in the plan may lead to a compliance doubt being
raised with Jobcentre Plus.
With regard to your question about procedures, we can confirm that the department holds
this information. However, the information is exempt under Section 21 of the Freedom of
Information Act because the information is reasonably accessible to you, as it is already in
the public domain.
However, to be helpful, you can find the information you seek in the Restart Scheme Provider
Guidance from paragraph 9.10.
If you have any queries about this letter, please contact us quoting the reference number
above.
Yours sincerely,
DWP Central Freedom of Information Team
Department for Work and Pensions

Oneman has highlighted in red the bits about the DWP having no legislation requiring paperwork be signed because that is the really important bit - if there is no rule requiring signatures there can be no punishment for not signing, ie. a sanction for failing to sign, because you can't break non-existent rules.

I'm honestly vacillating here between folding and coming back to fight another day, and seeing this through.  I'll be honest, though I TRULY appreciate all the help here, but right now, I just feel like the first fucker in the UK to ever join restart, then not supply a cv.  

Let's just "take a few steps back"...to use the mgt vernacular.  So far, the DWP have simply raised a 'Failure to participate' question, asking my reasons for not having supplied my cv.  They have done this because I have outright told Restart (verbally) I won't provide one.

Can the next step be sanction, or must they first mandate I hand over that document?

Are you on UC or JSA? Important because there are slightly different procedures for raising sanction doubts.

Has the "failure to participate WITHOUT GOOD REASON" been referred to a decision maker rather than reported to your WC? (I'm not shouting at you with the capitals, just trying to highlight that if you can demonstrate good reason for not participating there will be no sanction - DWP documents speak not of failing to participate but failing... without good reason)

The Provider Guidance used to state they weren't supposed to rush straight into sanction mode, rather attempt to get you to voluntarily participate. How many requests have they made for your CV? What reasons did you give for refusing?

Ignatius wrote:Are you on UC or JSA? Important because there are slightly different procedures for raising sanction doubts.

Has the "failure to participate WITHOUT GOOD REASON" been referred to a decision maker rather than reported to your WC? (I'm not shouting at you with the capitals, just trying to highlight that if you can demonstrate good reason for not participating there will be no sanction - DWP documents speak not of failing to participate but failing... without good reason)

The Provider Guidance used to state they weren't supposed to rush straight into sanction mode, rather attempt to get you to voluntarily participate. How many requests have they made for your CV? What reasons did you give for refusing?

UC - and I'm not triggered by caps (bad spelling however does annoy me )
Restart asked a couple of times IIRC, I simply said I'd rather you simply send me tasty looking jobs and I'll email my own cv.

I've run it through an AI and yeah, the JC can indeed jump straight from compliance doubt to sanction without anyone mandating anything. ATM it looks like I'll fold.

Ignatius wrote:Oneman has highlighted in red the bits about the DWP having no legislation requiring paperwork be signed because that is the really important bit - if there is no rule requiring signatures there can be no punishment for not signing, ie. a sanction for failing to sign, because you can't break non-existent rules.

Close Ignatius.
If there is no legislation then there is no law to be punished!

Telling them to give you job details and you will apply is good.

Sanctions are shit. Cashflow problems, not to mention the time and stress of a mandatory reconsideration. To compound matters, on UC your sanction will only stop when you comply. Only you know what is best for you in this situation.

But, if you submit your CV electronically it will remain on their system and they are likely to apply for jobs without your consent. If they get you an interview for something unsuitable this way you may then be in the position of attending or else be referred for a sanction. All the people I know who let Restart retain their CV got bombarded with unsuitable job details. Tales abound elsewhere on the internet of advisors applying for jobs behind people's backs.

Their digital CV thing is something you can argue to a decision maker is a form of assessment which the DWP rules state you are free to swerve. Take your paper CV to your next appointment and record the appointment for proof you supplied your paper CV for them to read. You are trying to choose a path which shows you have good reason for not supplying a copy of your CV digitally. Your good reasons are that the DWP themselves concede there are no laws requiring you to complete assessments, such as a CV bot, use electronic portals, tools etc. By letting them read a paper copy of your CV it looks more like you are attempting to participate because you were clearly open to discussing your CV with them.

Plenty of people haven't given them CVs. Restart advisors are often a bit thick and lack regard for the guidance they are supposed to follow. They probably want you to think you're the only refusnik. You certainly aren't. Oneman is the resident expert on beating sanctions, and I expect would say this is worth challenging.

A lot of people have a version of their CV just for providers, a kind of stripped down version.

THIS JUST IN...

According to the Work Plan update of today, the Restart program hasn't "started" yet...without going into specifics whatever needs to be done, needs to be done tomorrow! (Bear in mind I signed the H+S form)

JaybeeInRB wrote:I'm honestly vacillating here between folding and coming back to fight another day, and seeing this through.  I'll be honest, though I TRULY appreciate all the help here, but right now, I just feel like the first fucker in the UK to ever join restart, then not supply a cv.  

Let's just "take a few steps back"...to use the mgt vernacular.  So far, the DWP have simply raised a 'Failure to participate' question, asking my reasons for not having supplied my cv.  They have done this because I have outright told Restart (verbally) I won't provide one.

Can The next step will be a raised sanction with JCP., or must they first mandate I hand over that document?

Your work cunts at Restart have pressed the failed to participate button because they think they are superior to you.

They are not.

Record everything.

Sample letter to appeal against sanctioning of benefit
Post by Non Deficere Mon Jun 11, 2018 8:12 am

http://webcache.googleusercontent.com/search?q=cache:hSFyeMEC8z0J:benefitslegalgroup.org.uk/%3Fpaiddownloads_id%3D5+&cd=2&hl=en&ct=clnk&gl=uk

To: Jobcentre Plus/The DWP

[Insert date here]

Re: [YOUR NATIONAL INSURANCE NUMBER]

Re: [YOUR NAME AND ADDRESS]

Re: Decision to end JSA claim on [DATE ]

Re: Appeal against decision to cut off Jobseeker’s Allowance
I hereby appeal against the decision to sanction my benefit.

Please refer my letter as an appeal to the Lower Tier Tribunal (Social Entitlement).

The following grounds of appeal are advanced:

The decision to cut off my Jobseeker’s Allowance and require me to submit a fresh claim was wrong [give any particular facts];
The sanction imposed on me was disproportionate and did not consider my circumstances nor the principles laid down by Lord Freud in the following statement (Hansard, 25 January 2012 Col 1061):
a statement of the Government’s intentions in respect of welfare decisions and how the rules are to be followed:
‘Decision-makers will be required to follow guidance when applying the law to the facts of the case where they consider a decision about a claim, sanctions for non-compliance with work-related requirements, a civil penalty or the recovery of overpayment. We spoke about the Wednesbury [1 ] principles at our seminar; decision-makers will have to consider all relevant matters raised by the claimant within a particular time period, including information about a claimant's health condition and financial circumstances. I accept that there is room for improvement here, and we will make that improvement’;

The DWP failed to give proper reasons for the decision in the decision letter or explain why cessation of claim or the sanctioning of benefit was appropriate;
The DWP failed consider other options and in all the circumstances was unreasonable.

As a result of the ending of my claim, I have lost Jobseeker’s Allowance between [DATES].



Thank you for your attention. I await hearing from you.

Yours faithfully,
[YOUR NAME]


[1] Principles on the lawful use of discretionary powers laid down in Associated Provincial Picture Houses v Wednesbury Corporation [1948] 1 KB 223

The Catwoman wrote:Could you email a blank page and act dumb when they tell you it's blank .

This is a good idea to waste their time, but be careful or they could use it as a way to push you onto an IT course.  They could say the fact you made an error (at least in their eyes) while using the computer shows you need help using a computer and that their week long course is sure to set you up for life and give you more self confidence than Trump himself.

I would print your CV out in a very light grey coloured font, but just dark enough that you can actually read it.  Do not pass this over to them, merely place it on the desk and say "there it is".  Don't let go of the CV and keep it on your side of the desk, just in case their grubby hands try to make a grab for the treasure.  If questioned why you printed in such a light grey, ask if they realise the cost of ink these days and that you are merely economising.

Before I was wiser and joined this forum, I sent my own CV to them as a PDF, which I later realised must have thoroughly pissed them off.  Because when I asked for a copy of the CV they had made for me, they emailed me a copy of something that their unmotivated work experience kid had knocked up in their unpaid 15 minute break - the formatting was all over the place, that's without mentioning some of the spelling and much of the grammar.  And to think the cunts had the nerve to make us all do literacy and numeracy tests.  So basically they weren't able to just edit my Word document to their liking and had to type it all out from scratch - good!

Make no mistake, they are going to kick up a massive stink about not having your CV.  They practically thrive on pumping out your CV to every man and his dog out there, anything to get their bonus.  I freely admit that I have nowhere near the knowledge of legislations, etc that others do on here.  But that's why I came here, to seek advice from those far wiser and clued up than me.

Together we can help each other fight these worthless cunts.

if you show the clowns a cv, and don't let them keep a copy as its clear you dont have to. My view is you were/are fully participating.

They want the cv to farm out peoples data and to god knows who. So far, everyone still has the right not to let these sharks make more money for doing effectively doing nothing.

As catwoman says, maybe send a blank CV or maybe send a pdf with password but their entering it in the wrong format when asked

when i was last on one of these circuses i sent a very bare bones cv with a embedded watermark of the Terminator...another one of me old favorites. When asked about the image i said i was showing off my  transferible graphics skills .


Intincroi: I would print your CV out in a very light grey coloured font, but just dark enough that you can actually read it. Excellent idea.

There is clearly consensus from posters here that a paper CV is the way to go, and that under no circumstances are they to photocopy it or keep it. Additionally, you must remind them that as they do not have and will never have your consent to share your data, they do not need a copy emailing/uploading to them. Every time they mention emailing it to them, turn it to your advantage by pointing out they are supposed to help with CV writing skills, not sneaky data theft. You will have to say the same thing over and over again because they are hoping you will crack. It's easier said than done, but try not to overthink it. I've obviously been watching too much TV but there's a reason why, for example, in certain situations the police repeat the same stock phrases and don't depart from them - the other person has to get the message and that is an effective way of ensuring they do. Same with doctors giving bad news to people, no sugarcoating anything so people understand clearly just how serious things are. Dealing with Restart advisors is the same.

I will say it again. A decision maker will lookto see whether you had good grounds not to participate. Letting them look at your paper CV should satisfy the requirement for you to have a CV and were willing to discuss the content of it. In other words, you were participating.

WC playing silly buggers - in our meeting I outright asked her whether they intended to sanction me, she said verbatim, "There is no sanction here" (strictly speaking that's correct, for NOW...) she repeatedly tried talking me into sending the CV, and that's how my Work Plan has been updated...she plays fast and loose with language, so it states "has agreed to SEND CV.."

I didn't. I'd just said, "Understood, understood".

When I journalled her to ask why the 'Failure to participate' task was still in my 'To Do', she replied I'd agreed to send my cv, "so failure to participate will not be the case"

Again - weasel language. The above could well be interpreted strictly to mean I won't be failing any more, because they intend to hit me with a sanction.

However I've been at her most of the day to remove the "FAILURE TO PARTICIPATE" task from my To-Do, it's still there surprise fucking surprise.

Are Restart appointments still every 2 weeks? How long until the next one?

Ignatius wrote:Are Restart appointments still every 2 weeks? How long until the next one?

I couldn't make the one this week through force majeure, so when I emailed to notify her, the RA cagily replied, "Will advise when the next (insert bullshit activity name here) will be. Clearly waiting to see what I'll do.

Problem is, they may be ready to fold too - just no way to know, but while this task is still lingering in my 'To Do' list they have the whip hand.

Hmm.

Looking at what your WC said - "agreed to send". The key word there is "send". I think perhaps your WC is ignorant of various rules. Maybe use the weekend to consider messaging your WC with something along these lines:

I would like to clarify that I have not refused to show my Restart advisor my CV. Rather, I have declined to email them a copy and let them retain a copy in either paper or electronic format. I have also declined to consent to them subjecting my CV to their diagnostic assessments. I should also add that at my initial appointment I declined to sign their paperwork consenting to my Restart provider sharing my data(insert full reference for FOI which state back this up). As you can see, the DWP have consistently confirmed it is fine for people not to sign/be diagnosed etc and not sanctionable. To be clear, I have offered them a copy of my CV to read and to participate in discussions to see if it could be improved upon, but they are not willing to do this. Please could you advise me of the relevant regulations which say a participant can only email a CV because I can find no such reference in the Restart Provider Guidance.

Definitely make clear you are not refusing to do Restart, rather you are declining to give away you data protection rights. Most WCs are ignorant of data protection law and are scared of breaking it. Unlike Restart advisors, your WC is a civil servant and thus bound by the Civil Service Code of Conduct. They can get sacked for breaching said code and that is where your WC has a weak spot for you to exploit. WC who refer for sanctions on made up grounds can get themselves into trouble. By putting it your journal and screenshotting the evidence, you give yourself a better chance of overturning a sanction.

The minute you click "send" with your CV you are likely to spend the remainder of your time on Restart being put forward for unsuitable jobs and be expected to go to unsuitable interviews. Like all good bullies, Restart will know that if they've got away with bullying your CV out of you, they can bully something out of you again.

"mrfrankzola

Q: can jc or restart make you give them your cv.?

A: if they want to they would have to make in a requirement in writing, see:

It may be reasonable for the Jobcentre or Restart providers to check if a claimant has an up to date CV, but this can be done by just showing a paper copy and not allowing it to be retained or copied under any circumstance and considering stating that permission is not granted for Restart to record content details.

Claimants can also advise Restart that they are working with the National Careers https://nationalcareers.service.gov.uk/ for employment support and indicate this also includes CV support. NCS could also be asked to provide comments on a CV and this alone could be shared with Restart.

Restart provider guidance indicates that must first request claimants to undertake work related activity on a voluntary basis and if the activity is something that can become mandatory, they are required to issue a Mandatory Activity Notification.

Restart providers are required to obtain fully informed consent before sharing any participants CV. Worth checking if you have signed any data sharing consent form, which should include the option to withdraw consent.

If Restart want to put a participant forward for a vacancy and therefore need an email or uploaded copy, you can advise you are happy to be considered for the vacancy but require the employer details so you yourself can apply directly, noting:

8.12. The only restriction to this is mandating your Participant to complete work experience, apply for work, attend a job interview or take up work. You may agree these as voluntary activities, but you must not set these as mandatory"

Nice one, Oneman. There you go, Jaybee - Restart and your WC are talking out of their arses.
If Restart wish to make showing them your CV mandatory they need to issue you with a Mandatory Activity Notice according to the provider guidance. They are relying on you being unaware such a thing exists.

The most recently published Restart Provider Guidance, from February 2024.

https://www.gov.uk/government/publications/restart-provider-guidance/restart-scheme-provider-guidance

It's been said before but can never be said too often so I will say it again. The provider guidance sets out how providers are obliged to deliver Restart and is invaluable for putting the bastards in their place. All providers and WC hate people who know the proper rules because they're not as easy to bully.

JaybeeInRB'' When I journalled her to ask why the 'Failure to participate' task was still in my 'To Do', she replied I'd agreed to send my cv, "so failure to participate will not be the case"

Write a message in your journal clearly saying what format you showed your cv in, and elaborate for the morons if needed. I post everything to the journal when i feel i have to cover my own back, as is many times due to their sick games.

jobberpw wrote:

Write a message in your journal clearly saying what format you showed your cv in, and elaborate for the morons if needed. I post everything to the journal  when i feel i have to cover my own back, as is many times due to their sick games.

I'd add to what #Jobber said... Its always a good policy to take a screen-print/ record , of any journal entries. As it is not unknown for claimant's journal entries to be deleted . When it suits the JCP ... So 'covering your back', it always a safe bet.