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

Hi all,

So I refused to give this to my Restart advisor, thinking that the same gdpr grounds that prevent them sending your details to companies without your consent, meant also that it's not unreasonable for you not to give them your employment history, in the first place. However I've had some intel hinting the contrary. My refusal was not in writing.

As I don't want to be sanctioned, what would constitute airtight reasons for not handing this over? You're also welcome to Message privately/directly if you want.

One point #JaybeeInRB. How does the Retread advisor, want your CV/Resume? Email, problems can happen in transmission, file corrupted etc.
Or a paper copy, with a 'watermark' printed on the paper 'Read Only Copy'... You have demonstrated that you have an up to date CV/Resume, without them keeping a copy of it....🤨

Welcome Jaybee.

It may be a reasonable request for Restart to ask to see your CV. However, it is neither reasonable nor lawful under GDPR for them to insist they retain a copy of your CV. It is your personal information so you do have those rights in your favour.

On my short lived time at Restart my imbecile advisor refused to look at my paper CV, insisting I had to email it to him. I wonder why that was! The potential problem with emailing it to them is they then apply for jobs on your behalf, regardless of your suitability for said jobs.

Your options, unfortunately, depends on your appetite for what I will term polite confrontation. Restart is like a Ponzi scheme, until they get you earning money, they don't earn outcome payments from the DWP. Think employment agency and you get the drift about why they are so desperate for a copy of your CV they can retain.

When you started Restart, what, if any paperwork did you sign? If you didn't sign it they cannot register a start. Until a start is registered they can't request your CV. If you did sign their paperwork, you can assert your GDPR rights removing your consent to share your personal data. They would then be acting unlawfully if they hawk your CV around.

Assuming they have registered a start for you, you could offer to let them read a paper copy of your CV so they are satisfied you have one, or you could read it aloud to them. You could seriously amend your CV for example not giving sufficient details of previous employers so that it is that bit harder for them to use it to apply for jobs. Be aware if they send you on a CV course - don't let them sneakily save a copy on their computers.

In terms of a sanction, it is failure to participate without good reason that is sanctionable. In other words, even Decision Makers have to recognise good reasons exist for failing to participate. If you have satisfied the fools you have a CV but you do not wish them to keep a copy you may be on safer good reasons ground.

If you look on the homepage of this forum and scroll further down, you will see the "Programmes, Courses" section. There are lots of threads on there devoted to Restart and a few dealing with giving providers CVs - they should be useful.

Ignatius wrote:Welcome Jaybee.

It may be a reasonable request for Restart to ask to see your CV. However, it is neither reasonable nor lawful under GDPR for them to insist they retain a copy of your CV. It is your personal information so you do have those rights in your favour.

I did offer in good faith to have them print it out from my storage stick, they said no. That's where it was left until now.

Your options, unfortunately, depends on your appetite for what I will term polite confrontation.

Ok with me

When you started Restart, what, if any paperwork did you sign?

Deffo signed the H+S form, may have signed the AP wherein I'd supply the cv...but given gdpr do they deem it reasonable I use email?

In terms of a sanction, it is failure to participate without good reason that is sanctionable. In other words, even Decision Makers have to recognise good reasons exist for failing to participate. If you have satisfied the fools you have a CV but you do not wish them to keep a copy you may be on safer good reasons ground.

I could show it was created long before this nonsense, but will that be enough to beat this?

"May" have signed an Action Plan? If you didn't, splendid. If you did, oh dear. Restart should issue you with each Action Plan. Can you find the copy they gave you? If not, insist they provide one. If it can be established your pawprint is on an Action Plan mandating you to supply your CV your best bet is to rehash your CV so it is not so useful to them and only let them see a bare bones paper copy. Do what Pintel said and put "copy" on it. As said earlier, they don't want to read it, they want to retain it and upload it to their portal/system ready for applying for jobs for you.

At the beginning of Restart you would have been asked to sign a form covering lots of things, such as H&S, not looking at porn on their computers, agreeing they had carried out an induction and, drum roll, consenting to them sharing your personal data. The sneaky sods use one form to cover all things so if you signed this form you likely consented to sharing your data which includes your CV. Next time you see them simply explain you wish to withdraw your consent to share your data and watch them go puce. It will need to be a written request. Give thought to recording your meetings with them. Useful in case you get sanctioned.

In future, decline to sign Action Plans so they cannot use it against you. Presumably if they are asking for a CV you are at the beginning of the Restart shitshow

Ignatius wrote: Do what Pintel said and put "copy" on it.

Yeah, and maybe add 'Not for distribution'

Ignatius wrote:"May" have signed an Action Plan? If you didn't, splendid. If you did, oh dear. Restart should issue you with each Action Plan. Can you find the copy they gave you? If not, insist they provide one. If it can be established your pawprint is on an Action Plan mandating you to supply your CV your best bet is to rehash your CV so it is not so useful to them and only let them see a bare bones paper copy. Do what Pintel said and put "copy" on it. As said earlier, they don't want to read it, they want to retain it and upload it to their portal/system ready for applying for jobs for you.

I'm usually very good at retaining or making a duplicate of anything I've signed, but I'll ask.

At the beginning of Restart you would have been asked to sign a form covering lots of things, such as H&S, not looking at porn on their computers, agreeing they had carried out an induction and, drum roll, consenting to them sharing your personal data. The sneaky sods use one form to cover all things so if you signed this form you likely consented to sharing your data which includes your CV.

It indeed covered a lot more than just H+S but I don't remember anything about consent to share data. In any case within the 'Notes' section I specified I did not give consent for my data to be relayed to any 3rd party.

Give thought to recording your meetings with them. Useful in case you get sanctioned.

In future, decline to sign Action Plans so they cannot use it against you. Presumably if they are asking for a CV you are at the beginning of the Restart shitshow

I was thinking the same vis-a-vis recording, which you have every right to do so long as you announce you are recording before you start recording - and you do NOT need consent to do this. Assuming i didn't sign that AP, should I still go to the ballache of giving them a stripped-down cv?

If you signed a form, you are highly likely to have signed consent to share data. I've dug out the form I had to sort of steal from my Restart provider.* I was asked to tick a series of boxes, one of which was given the subheading of "consent" and then sign at the bottom of the form. They sneak the data sharing in so people just tick the boxes and sign. Most providers use this format. Request a copy of it so you can know what you signed, although expect them to be awkward about it. I forgot to mention that the Restart Provider Guidance states they "must" give you a copy of your Action Plan. Point this out to them - they hate informed people who are familiar with provider guidance.

Even if you are confident you asked them not to share your data, still make a separate request withdrawing consent. If nothing else it makes a provider do some work. More importantly, some who work in this sector (remember A4E?) are convicted fraudsters.

You may or may not know that no participant is expected to sign ANY provider paperwork and failure to sign cannot attract a sanction. The DWP has confirmed this in numerous FOI requests. Links to them are available on the other Restart threads on here. Familiarising yourself with these is key as they are the crux of any successful appeal against a sanction.

Most of us don't bother informing them about recording meetings, we just do it covertly. Also, keep emails and texts from them, just in case you ever need them anything. Consider a selfie of you in their office to prove attendance at appointments, get bonus points for including a copy of that days newspaper.

*When I refused to sign, the forms were whipped away from me so I eventually swiped them from the desk when they weren't looking so I had a copy of what I didn't want to sign for any future sanction. My crime was detected as I was told they had CCTV of my heist - the mindset of these people!!

If the form contains tick boxes, I wouldn't put it past them to tick all the boxes when you've gone.

Indeed, Catwoman. A Restart provider may regard forging a signature as a step too far, ticking a box on a signed form is perhaps a lower threshold to cross. Most people will never ask to see the form to make sure a box hasn't been ticked without their knowledge.

I know of someone who started Restart the same time as me. They signed the form and ticked all the boxes bar the data sharing one. I ticked nothing and signed nothing. I was "sacked" from Restart, they had to serve their sentence.

No siggie Hee hee !!

Ignatius wrote:If you signed a form, you are highly likely to have signed consent to share data. I've dug out the form I had to sort of steal from my Restart provider.* I was asked to tick a series of boxes, one of which was given the subheading of "consent" and then sign at the bottom of the form. They sneak the data sharing in so people just tick the boxes and sign. Most providers use this format. Request a copy of it so you can know what you signed, although expect them to be awkward about it.

As per my rather brief post above I didn't sign the AP, and I have photographic evidence of having specifically written, in the "notes" section I did not consent.  I distinctly remember there being a separate GDPR waiver form that I refused to sign.

I forgot to mention that the Restart Provider Guidance states they "must" give you a copy of your Action Plan. Point this out to them - they hate informed people who are familiar with provider guidance.

You hadn't forgotten, I acted upon your advice, I requested, received and read the unsigned AP, hence the good news above

Even if you are confident you asked them not to share your data, still make a separate request withdrawing consent. If nothing else it makes a provider do some work. More importantly, some who work in this sector (remember A4E?) are convicted fraudsters.

I'm under no illusions these spivs are contracted to pressure us in ways the JC union would never allow to occur on-prem, the entire existence of restart allows a layer of abstraction where the DWP can say, "Yeah but our guidance to them says...", yet the pressure is clearly on to deliver workforce returners ; as they are just spivs who are maybe 5% less clueless than the DWP about what happens in the working domain, the only way they're gonna do this is subtle manipulating us into the quickest, most receptive, and thus most toxic work and workplaces.

You may or may not know that no participant is expected to sign ANY provider paperwork and failure to sign cannot attract a sanction. The DWP has confirmed this in numerous FOI requests

.

I hadn't known; many sources seem to think it IS.

Links to them are available on the other Restart threads on here. Familiarising yourself with these is key as they are the crux of any successful appeal against a sanction.

Merci

Consider a selfie of you in their office to prove attendance at appointments, get bonus points for including a copy of that days newspaper.

Who said newsprint was obsolete?  

When I refused to sign, the forms were whipped away from me so I eventually swiped them from the desk when they weren't looking so I had a copy of what I didn't want to sign for any future sanction. My crime was detected as I was told they had CCTV of my heist - the mindset of these people!!

Yep.  Typical narc behaviour, catastrophize your slightest shortcoming, trivialize anything negative about them.  Anything to look good while offering no value and being paid for it.

You don't have to provide the answer on a public forum, but when were you referred to Restart? They have 30 working days (think I've got that correct) to register a start. If you have been bolshy and signed nuffink they may have refused to register a start. If they haven't registered a start within the specified time then they will have to get the jobcentre to refer you again, yet because you attended your initial appointment you can't be re-referred. I would consider making a Subject Access Request to the DWP for all your records. It is free, takes few minutes and will confirm if a start has been registered. If you are officially on Restart, and you do not wish to let them retain your CV, offer them the compromises that they can read it, they can offer constructive criticisms of it but they sure as hell ain't retaining it. The important thing is not to email it to them or upload it to their portal. Remind them you didn't sign the action or data sharing form so they haven't got your permission to hawk your CV about. Top tip: if you get the impression your Restart advisor finds you are a tricky customer, you are on the right lines.

I will find you the links to the all important FOI requests and the Restart Provider Guidance.

Ignatius wrote:You don't have to provide the answer on a public forum, but when were you referred to Restart? They have 30 working days (think I've got that correct) to register a start. If you have been bolshy and signed nuffink they may have refused to register a start. If they haven't registered a start within the specified time then they will have to get the jobcentre to refer you again, yet because you attended your initial appointment you can't be re-referred. I would consider making a Subject Access Request to the DWP for all your records. It is free, takes few minutes and will confirm if a start has been registered. If you are officially on Restart, and you do not wish to let them retain your CV, offer them the compromises that they can read it, they can offer constructive criticisms of it but they sure as hell ain't retaining it. The important thing is not to email it to them or upload it to their portal. Remind them you didn't sign the action or data sharing form so they haven't got your permission to hawk your CV about. Top tip: if you get the impression your Restart advisor finds you are a tricky customer, you are on the right lines.

I will find you the links to the all important FOI requests and the Restart Provider Guidance.

Thank you kindly!! The original impasse was they refused to access my usb stick which had/has my cv, so I HAD indeed brought it initially in good faith, so they could scroll through (while I watched so they couldn't save / screenshoot).

However they never, then or since, offered me to leave the office, go to a print bureau, get the receipt and return with it printed out, which I could ensure never left my sight and I get back.

Not sure if this would be a Top-Tip ( From Ignatius?). Once I had to email an Advisor/Roach, I dutifully sent them the email, and checked to see it was sent. However,🥸 on this email it required a password to open the mail. And the paper that I wrote down the password key, was swept overboard .... My Bad...

I should add, Restart/DWP's whine is that they want to put my cv through Restarts own online quality check system, which gives it a percentage score. Which would mean they then have my cv (while there are are plenty of such checkers online) and of course I have no idea what they'd do with the copy, once it's on their system...

They want to score your CV? Do they want to show you some puppies as well? Are they offering you sweets?

What does it say about their allegedly highly trained and qualified staff who allegedly provide a service tailored to the individual needs of their client that a member of staff can't read it and offer constructive comments?

Their CV bot will score it, and if it fails to score highly enough that will be used to stick you on a CV course. The added bonus to the provider is they also then have a copy in their system. But if you didn't sign anything...

As promised, various Freedom of Information requests in which the DWP confirm signing provider paperwork is optional and not sanctionable, despite what bullshitting providers will tell you.

https://www.whatdotheyknow.com/request/not_signing_the_restart_provider?unfold=1

https://www.whatdotheyknow.com/request/claimant_refusal_of_signature_fo

https://www.whatdotheyknow.com/request/restart_providers_data_protectio?utm_campaign=alaveteli-experiments-87&utm_content=sidebar_similar_requests&utm_medium=link&utm_source=whatdotheyknow

These FOIs are more recent than the 2 most commonly linked to on these boards - I can't find those 2 now. A quick search of What Do They Know turned up a veritable slew of Restart stuff. Obviously Restart isn't very popular with the masses.

Ignatius wrote:
They want to score your CV? Do they want to show you some puppies as well? Are they offering you sweets?

What does it say about their allegedly highly trained and qualified staff who allegedly provide a service tailored to the individual needs of their client that a member of staff can't read it and offer constructive comments?

Their CV bot will score it, and if it fails to score highly enough that will be used to stick you on a CV course. The added bonus to the provider is they also then have a copy in their system. But if you didn't sign anything...

Which I didn't, but still have this potential sanction hanging over me for not having emailed it the first place

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

Have they made the referral for a sanction or are they threatening to refer you for a sanction? Is your WC aware of this situation?

The second of posted links makes clear no participant can be sanctioned for refusing to complete any provider diagnostic assessments. Is a CV scoring algorithm a diagnostic assessment? As lawyers say, if it looks like a duck, walks like a duck, quacks like a duck, it's a duck. FOI responses are also clear about there being no requirement to use providers electronic record keeping system.

Screenshot the FOIs and quote them at your advisor. They will not drop the matter but exude a chilled out manner (not always easy for everyone) because even if they did sanction you it is those FOI that will highly likely get the sanction removed. Always offer a paper copy because not having a CV is probably not a good look. Accidentally emailing a blank page is probably a genius idea. To reiterate a point from yesterday, find out if they have actually registered you on Restart. Until they do they cannot ask for your CV or even get you sanctioned.

As you said above, they are trying to play on your very real fear of getting sanctioned to bend you to their will. It's the only trick they know. It has been said repeatedly on here, they only back down when faced with informed participants.

JaybeeInRB wrote:I should add, Restart/DWP's whine is that they want to put my cv through Restarts own online quality check system, which gives it a percentage score. Which would mean they then have my cv (while there are are plenty of such checkers online) and of course I have no idea what they'd do with the copy, once it's on their system...

Pardon my ignorance here. But does anyone know how this 'Quality check system' works 🤨. Is it a computer program, that scans the document for keyword? And get a point/score for every correct word. What about format/ layout, and what about dates/timelines. My employment history is threadbare to say the least.

Also is it compulsory to use there QC system, monopolys/open market issues here. And as pointed out, the Provider🪣 is never going to say it doesn't need their assistance...... Not exactly  impartial advice, from an employment agency..

On a side note here. Could you say and show hard copy, of you having used an alternative Online Quality Checker. To evaluate your CV/Resume? 🧐

I know this won't comput , with the Retread advisor. But a DM( Decision Maker) , can say you haven't tried/participated to evaluate your CV .

Ignatius wrote:Have they made the referral for a sanction or are they threatening to refer you for a sanction? Is your WC aware of this situation?

No, strictly speaking No, and Yes respectively.

The second of posted links makes clear no participant can be sanctioned for refusing to complete any provider diagnostic assessments. Is a CV scoring algorithm a diagnostic assessment? As lawyers say, if it looks like a duck, walks like a duck, quacks like a duck, it's a duck. FOI responses are also clear about there being no requirement to use providers electronic record keeping system.

I'll have my AI go over it (if it's a lonnng read), just want to ensure they don't mean a medical diagnostic or some such.

As you said above, they are trying to play on your very real fear of getting sanctioned to bend you to their will

Which as I know sweet FA about the sanctions procedures, never having had one before, has certainly worked