The DWP will pay out almost £2m after breaching thousands of people’s human rights
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The DWP will pay out almost £2m after breaching thousands of people’s human rights
A Freedom of Information request has revealed that the Department for Work and Pensions will have to pay almost £2m to around 4,000 people who were sanctioned for refusing to do unpaid work.
Appeal Court rules scheme is unlawful
The scheme, known as ‘mandatory work activity’, started in 2011. It required people claiming jobseekers’ allowance to work, unpaid, for up to 30 hours a week, for up to four weeks. The DWP claimed that the unpaid work was expected to be “of benefit to the community”. However, the official guidance on the programme stated [pdf p12]
that the placement could include “working towards the profit of the host organisation”.
https://www.thecanary.co/uk/analysis/2018/08/04/the-dwp-will-pay-out-almost-2m-after-breaching-thousands-of-peoples-human-rights/
Appeal Court rules scheme is unlawful
The scheme, known as ‘mandatory work activity’, started in 2011. It required people claiming jobseekers’ allowance to work, unpaid, for up to 30 hours a week, for up to four weeks. The DWP claimed that the unpaid work was expected to be “of benefit to the community”. However, the official guidance on the programme stated [pdf p12]
that the placement could include “working towards the profit of the host organisation”.
https://www.thecanary.co/uk/analysis/2018/08/04/the-dwp-will-pay-out-almost-2m-after-breaching-thousands-of-peoples-human-rights/
Re: The DWP will pay out almost £2m after breaching thousands of people’s human rights
I think it was inevitable that justice would prevail.
Well done to everyone involved.
Well done to everyone involved.
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Re: The DWP will pay out almost £2m after breaching thousands of people’s human rights
just a note here with universal credit the work programme is mandatory
UniversalCredit fact: Work Experience is mandatory and not “voluntary”
https://mrfrankzola.wordpress.com/2018/08/06/universalcredit-workfare-is-mandatory-and-not-voluntary-discuss/
UniversalCredit fact: Work Experience is mandatory and not “voluntary”
https://mrfrankzola.wordpress.com/2018/08/06/universalcredit-workfare-is-mandatory-and-not-voluntary-discuss/
Re: The DWP will pay out almost £2m after breaching thousands of people’s human rights
Admin wrote:just a note here with universal credit the work programme is mandatory
UniversalCredit fact: Work Experience is mandatory and not “voluntary”
https://mrfrankzola.wordpress.com/2018/08/06/universalcredit-workfare-is-mandatory-and-not-voluntary-discuss/
The work programme is mandatory for UC claimants.
Participation in work experience is on a purely voluntary basis for UC claimants.
Reference: K5121 & K5123
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/687084/admk5.pdf
https://respectfulbenefits.forumotion.com/t293p50-work-and-health-programme-part-2#7190
Non Deficere- Posts : 724
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Re: The DWP will pay out almost £2m after breaching thousands of people’s human rights
Just in case the link disapears in the future, the relevant section from the document.
From the above link wrote:Work experience
K 5 1 21 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 K5 0 51 et seq f or guidance on mandatory employment schemes) unless the claimant is dismissed for gross misconduct. For guidance when a sanction may be imposed see K 5 1 23 .
K 5 1 22 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
2.1 are reliable, for example by turning up on time every day ,
2.2 can follow instructions
2.3 can work and cooperate with others
3. get an up to date entry for their CV and
4. impress so that ideally they get a work related reference from the employer.
K 5 1 23 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:
1 . If the claimant fails to 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 K51 24 ). However, see the guidance on Youth Obligation claimants at K5 0 62 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 b enefit will not be affected unless they are dismissed for gross misconduct (see K5 1 24 ).
1 WR Act 12, s 16(3)(e)
Example 1
Nicky is 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 imposes a low-level sanction. The DM considers it would have been r easonable for Nicky to have at least tried the placement before deciding it wasn’t for her.
Example 2
Poppy is mandated to a work experience placement as part of Youth Obligation. She has been in receipt of UC for 6 months. She attends the interview and starts the work experience placement in a warehouse. After the first week Poppy decides to leave the work experience placement, as she does not think the work is for her. She is struggling to keep up with the heavy physical demands of the job. No sanction can be considered.
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