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

JaybeeInRB wrote: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.

In bold is them ''trying to be clever'' by obtaining a present and future client list. "We've been given your company details by one of your old employees and thought ........"

So if provider can't place current benefit claimant back at company X, they sure as hell will give it their best shot to keep picking out any prospective sheep from herds at the roach centre.

Best to print off all specific ''dos and donts'' and highlight for quick reference when dealing with these clown shows. Then give them a copy of  [as to why you dont have to do A,B,C, ETC. ]

The FOI requests and info by Oneman and Ignatius are the best way to go. And in these cases, really worth the cost of the printer ink . Better still, get provider to print out their own copy or post directly into a UC journal for others as a reminder




''All  these programmes are designed to help people into employment.'' Must make many people laugh and the tax payer cry. Do they actually believe that         .

Ignatius wrote: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.

A lot of last week is now (thankfully) a blur but IIRC I think you'll find the list of things Restart can mandate you do and can't compel you to do otherwise, don't include everything for which the JC believes they may bypass mandation and go straight to sanctionable failure for, and again IIRC sending / supplying a cv was one.  The payment statement is usually available on the 25th, in my case it had been "delayed" until the 28th, no doubt to see if I would comply.

Ok, sad and glad news: so the sad news is I caved - I emailed it near COB Friday, so they couldn't accuse me of delaying.  I DID, however, remind them inline that I have not given and am not giving them permission, as is my right not to do under GDPR regs, to relay it to 3rd parties.   Glad news is once I completed the 'Failure...' to-do, within an hour the payment statement had been issued and showed me full payment of this months UC, so Easter won't be a bust.

I have raised a question on all this to the Data Protection Champion at the DWP, asking them precisely what legislation entitles them to deem the non-supply of a cv as a sanctionable failure, and under what circumstances.  I shall also raise an FOI.

I would lay money (if I had any!) that GDPR regs state SOMEWHERE that an individual has sovereign control over his historical details and that he may not be coerced/forced etc into citing them, and I will be taking this matter a lot further, said legislation is spread across at least a dozen web pages and I just didn't have time to consolidate them all for my AI, so, for right now, calling the DWP's bluff is a flush man's game.  

The fight doth go on.  

An FOI request to the DWP asking what legislation provides a Restart participant can only provide their CV by email or other digital means is a tres bon idea. I strongly suspect the answer will be along the lines of, "we are not aware of any such legislation". Which means a sanction on such grounds is unlawful and would be overturned.

Also clarify with your UC case manager why your payment had been delayed and ask if a Mandatory Activity Notice had been made for the CV - I was under the impression there needs to be one for a sanction.

Once I had both responses I would be putting in a big fat complaint about my WC. As has been previously stated your WC who threatened you with a sanction for breaking a non-existent rule, namely not emailing your CV, could find themselves in very hot water. Wasn't it Oneman who got a WC sacked for making shit up?

Obviously the very real fear of being left penniless can't be overlooked so now you have your measly UC payment get back on the front foot. Otherwise, next time Restart and your WC want to break the rules, the same thing will happen again and you will be facing sanction threats/sanctions repeatedly. Their next dirty trick now they have your CV is putting you forward for jobs you don't want.

https://www.whatdotheyknow.com/request/adding_cv_to_uc_journal/response/1039925/attach/html/2/FOI%203563%20reply.pdf.html

DWP considers that it is generally reasonable to require Universal Credit claimants to have an
up to date CV and to make a public CV available. Where this has been set as a requirement
the claimant will need to provide sufficient evidence to show that they have completed the
action. A simple way to do this is to send a copy of their CV to their coach via their UC account
but alternatively they could show their coach on screen or by printed copy.

You're not required to give a digital copy of your CV to your work coach (I showed mine a paper version and declined to let them make a copy) and they're an employment officer. Restart employees are not. So what makes them so special? (Nothing).

I never handed them a CV as I have bugger all to put on one as my work history is a about nine months worth in the last 28 years. I remember the look on this Restart advisors face as I told them my lack of work history in nearly 30 years, it was a picture, lol. I was parked up straight away, I told them that i'm a product of the left behind and that i've been on useless schemes like this for years and Restart is one more in a long line of useless schemes. Well it's been 10 months since I left Restart, I think I had it easy as I only went into their office once on the first appointment in May 2022 and it was telephone appointment after that. I do feel sorry for others who are still on this crap.

I'm sorry to hear this. I hope you done and re-edit your CV to the bare minimum. My CV had 4 dodgy company names didn't even exist lol and some fucked up GCSE grades. Even the advisor was like, WTF, my hobbies were watching some dodgy things in my spare time. 

Dear  

Thank you for your Freedom of Information (FoI) request received on 4th November. You
wrote:

“Please disclose a copy of the DWP guidance and operational procedures for managing
and retaining copies of UC, ESA and JSA claimant's CVs. Please also provide
information on how UC, ESA and JSA benefit claimants can request a copy of their CV
be erased, whether held clerically or electronically including when uploaded to an
individual's UC account.

When a claimant provides a new or more up to date CV, than the one already held by the
DWP, what process/actions should they and the DWP follow to get the now less accurate
CV erased, whether held clerically or electronically including when uploaded to an
individual's UC account?  

How long does the DWP retain a copy of UC, ESA and JSA claimant's CV/CVs, be they
held clerically or electronically, including when uploaded to an individual's UC account?  

Due to the GDPR and Data Protection Act (DPA) 2018 does the DWP need claimant
consent to share a copy of their CV, when held, with DWP contractors providing
employment-support services on behalf of the DWP or any Third Party who is not a DWP
Data Processor?

What sections of regulations or legislation make it a benefit entitlement condition for a
UC, ESA and JSA claimant to provide the DWP with a copy of their CV and or create a
new one or up date an existing CV and then provide the DWP with a copy of the new or
updated CV?  

For UC what sections of regulations or legislation make it a benefit entitlement condition
for a UC claimant to provide the DWP with a copy of their CV by uploading a copy to their
UC account?

For UC, ESA and JSA entitlement requirements which sections of regulations or
legislation explicitly refer to a Curriculum Vitae (CV) ?

Can a claimant choose to show a copy of their up to date CV on a claimant's own device
1

or as a paper copy of the CV they hand out when making speculative job applications,
rather giving a digital copy for the DWP to retain?”

DWP Response

I can confirm that we hold information relating to your request.

There is no requirement for ESA and JSA claimants to provide copies of their CV, so no
specific instructions exist.  However, they may provide one if they choose to take up the
offer of the CV Job Broking Service.  The attached PDF instructions explain that process.

Universal Credit

Regarding questions 1 – 3, there is no UC guidance on managing and retaining copies of
a claimant’s CV. CVs are held electronically and can be erased/removed from the UC
service at the request of the claimant. The UC service can store up to 6 CVs, and will be
held on the system electronically for the duration of the claim.  

I can confirm that the Department holds this information for questions 5-8. 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.

You may find the following useful. We have provided this outside our obligations under the
FoI Act.

The basic conditions of entitlement are covered in the following guidance products on
Gov.uk:

ADM Chapter E1 (for UC):
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_
data/file/907997/adme1.pdf

DMG Chapter 20 (for
JSA):  https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attach
ment_data/file/893674/dmgch20.pdf

DMG Chapter 41 (for ESA):
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_
data/file/881343/dmgch41.pdf

Work related requirements (UC):

ADM Chapter J3:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_
data/file/878192/admj3.pdf


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.

Links no longer working for me. try a search on the first line of each that seams to work. https://www.whatdotheyknow.com/request/dwp_curriculum_vitae_cv_guidance/response/1679810/attach/html/3/Claimant%20agrees%20to%20join%20the%20CV%20Job%20Broking%20Service.pdf.html


Also.
Statutory guidance
Chapter 8: information security
Updated 25 January 2024

Claimant CV and Name Unencrypted Email Exemptions
16. The following claimant or participant CV and claimant or participant name unencrypted email standards apply to all provisions.

Claimant or Participant CV Exemption
17. The unencrypted emailing of a claimant or participant’s CV to their email account. The following conditions must be adhered to:

Only one CV to be sent per email
The individual must have requested their CV to be emailed to them – CVs must not be emailed without the individual’s prior consent – i.e. they must not be sent unsolicited
A confirmation will need to be kept that the individual is content for their CV to be sent by email to their stated email address
The following must not be included: date of birth, NINO, bank details, medical information, ethnicity and criminal record information

Excellent detective work, Oneman.

Jaybee, get the name of your jobcentre manager and regional manager. Then write a succinct complaint about your WC making up the law about you having to email your CV to Restart and how your UC was not paid until you complied with the made up law. Cite the relevant FOI numbers to support your claim. It may involve a bit of short term pain, but WC will soon come to see you as not to be messed with.

Better still get your MP to do it.

List or area managers.

https://www.gov.uk/government/publications/local-partnership-opportunities-with-jobcentre-plus/jobcentre-plus-district-managers-contacts-for-partnership-opportunities.

https://www.gov.uk/government/publications/local-partnership-opportunities-with-jobcentre-plus/jobcentre-plus-service-leaders

It's a test, designed to provoke an emotional response

Just me then.

"We don't take kindly to the bizarre questions posed to use by an interviewer working for the Corporation to screen their workers.

They're just questions, In answer to your query, they're written down from use in the past.


It's a test, designed to provoke an emotional response... Shall we continue?

Ignatius wrote:Excellent detective work, Oneman.

Jaybee, get the name of your jobcentre manager and regional manager. Then write a succinct complaint about your WC making up the law about you having to email your CV to Restart and how your UC was not paid until you complied with the made up law. Cite the relevant FOI numbers to support your claim. It may involve a bit of short term pain, but WC will soon come to see you as not to be messed with.

Firstly, Happy Easter to you all !!

Secondly, slow down.   Again, there's an overlooking of fine detail, as happened with that whole "Restart can't sanction so that must mean the DWP can't sanction!!" (sigh) palaver.   I very, very likely WILL go to war on this whole thing, but I'm not giving the 'Deploy' order until I have definitive evidence , which the above isn't:

"there is no UC guidance on managing and retaining copies of a claimant’s CV"

You're smart enough to know this leaves ambiguity.  "No guidance" means precisely that; there's no DWP rule making, or stopping staff from making, a claimant's refusal to supply his cv a "no-mandate-needed" sanctionable failure.

Question 3, which was also effectively MY question to the DPC, was swerved thus;

"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."

Quite astonishing as I spent most of the previous week looking for it, to no avail...

My guess here is that nobody, and I mean nobody, has yet delved deeply enough into the 2 areas of law (data protection and supply of governmental welfare services), ploughed through dozens of pdf's scattered across dozens of locations, to answer this specific question.  I further speculate that consequently, nobody has yet ruled on whether it is reasonable for a UC claimant deemed fit for work and who has supplied claims to several months of job search, to:

1) Not have a cv,
2) Refuse to supply CV for inspection by the DWP or it's agent(s);

So, again, I'd say what's lacking here is an understanding of GDPR legislation.  I will continue my efforts to find the relevant passages of law and bring these to light.  

On the subject of Restart and their damned paperwork the various FOI suggest the DWP regard this as settled.

I can only cite my experience of Restart. I refused to sign any of the paperwork and email a CV, though I did offer a paper copy. I cited a couple of the FOI in support of this. All the advisors I had and the manager went a bit radge about this - if you don't sign, email your CV we'll tell the jobcentre blah blah blah. This pantomime went on for a few weeks until they refused to deal with me anymore. I kept signing on as normal and not once did any WC ask why I wasn't on Restart. A SAR showed Restart had never contacted the jobcentre, despite their repeated threats to do so. About a week before my 365 days on Never Got Started would have been up, a beady eyed WC noticed I didn't appear to have done Restart. I won't lie. I had some concerns I might be sent back to do the whole palaver again. The WC asked for my account which was forwarded to the jobcentre team who deal with all things Restart. My explanation that I refused to sign provider paperwork and let them retain a CV/email them a CV because the DWP themselves have made clear in whatever FOI response I cited was accepted. I was not sent back to Restart, nor was I referred for a sanction. Similar when I refused signing forms/ handing over CV on the Work Programme - no sanction doubts were ever raised. Many, many others can cite the same experience. The key is to refer to the DWP repeatedly saying there is no requirement to sign paperwork, and make clear/lie through your teeth you are happy to do Restart but not to sign paperwork.

With the CV, the issue is not so much with whether you can refuse to supply a CV to Restart/WC, but rather how you supply it. Even I wouldn't refuse to show my CV, but I do refuse to email it or let them keep a paper copy for the same reasons I don't sign paperwork. Refusing to let a provider assess your CV is probably not the greatest idea either and it's easy, if annoying, to go along with.

Are you looking through benefit tribunal judgements to resolve the CV issue?

Do you have your CV on the UC journal?

The Catwoman wrote:Do you have your CV on the UC journal?

Their not allowed to pass that information on The Catwoman.

Is that because your CV is your private information?

Do people just upload a basic -ish CV to their journal rather than their Sunday best version? Trying to be prepared for managed migration later this year

Ignatius wrote:Is that because your CV is your private information?

Do people just upload a basic -ish CV to their journal rather than their Sunday best version? Trying to be prepared for managed migration later this year

That is correct Ignatius.

It's the same situation as the Restart scheme. You only have to show them that you have a CV. Never allow them to take a copy or send them a copy. I have never given them a copy. I only ever show them one. They did take the huff and referred me to a Career advice man in the JC  to see if it was ok. Unfortunately, I had symptoms of covid 19 and he refused to see me face to face.  I have never been asked to provide one through the journal and as far as I can see there is no specified place to attach one. So I presume that it's not mandatory otherwise it would be there.

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

https://www.whatdotheyknow.com/request/is_providing_a_cv_to_the_jobcent/response/793603/attach/html/3/FOI%20929.pdf.html

https://www.whatdotheyknow.com/request/is_providing_a_cv_to_the_jobcent/response/813486/attach/html/3/IR172%20Response.pdf.html

Dear,

Thank you for your Freedom of Information request of 1st October 2017. You asked:

Can work search evidence be provided via a claimants own Netbook or other digital device
screen or as a printed paper copy – or is it a mandatory requirement that they use the
Universal Credit journal to provide this evidence?

Can evidence of an up to date CV be provided via a claimants own Netbook or other digital
device screen or as a printed paper copy – or is it a mandatory requirement that they use the
Universal Credit journal to provide this evidence?

DWP Response

It is not a mandatory requirement for the claimant to provide the required work search
evidence via their journal. The clamant must be able to provide written evidence of their work
search.  

It is not mandatory for the claimant to upload their CV onto the journal, the claimant must
however be able to show a completed and up to date CV.  

If you have any queries about this letter please contact me quoting the reference number
above.

Yours sincerely,  


DWP Strategy FoI Team

https://www.whatdotheyknow.com/request/435142/response/1056696/attach/html/2/4201%20reply.pdf.html

https://respectfulbenefits.forumotion.com/t782-dwp-says-universal-credit-journal-not-mandatory-for-your-work-search-records-or-cv

Hello JaybeeInRB. Is this any use to you?

https://www.contractorcalculator.co.uk/when_a_contractor_cv_goes_awol.aspx

What Restart provider are you with?

Anyone remember the Refuted blog and it's Do Not Sign thing?

The link below is about someone who had a sanction for not signing paperwork overturned. The individual concerned helpfully made a video, including sneaky recordings of jobcentre staff, outlining how to effectively argue your case. Underneath the link to the video are 3 other very useful links to the paperwork the provider submitted and from the decision makers. It should be compulsory viewing for anyone dealing with providers - it's a cut and keep guide on how to avoid stupid courses and programmes without getting sanctioned. The jobcentre letters and phone call with the decision makers are very useful.

https://refutedarchive.wordpress.com/2015/02/23/signhere/

The person in the above link also made another Refuted post on the same subject - I think it was called "How I Avoided A Sanction & How You Can Too" but I can't find a link to it anywhere.

JaybeeInRB, the name of your Restart provider would be useful because we can find the paperwork they would have got you to sign.

These restarers like to insist upon we MUST! supply a digital cv, due to their own incompetence of not knowing how to use a scanner Far easier if we give them all a paper copy, but they can dream on.

oneman wrote:

The Catwoman wrote:Do you have your CV on the UC journal?

Their not allowed to pass that information on The Catwoman.

"He" please, never did care for the singular "they".

I'll just say I wouldn't LIKE to say I have my cv on my journal. I'll also say I like telling the truth.