Work Programme and Illness

[thecookiemonster]

I have woken up today feeling awful, no energy at all, sore throat, achy and just feeling terrible, can hardly walk around the house.

 

The thing is i'm due to go to a Work Programme appointment on Tuesday and a job fair Thursday and i'm worried because if i'm not better for those things then I won't be able to attend and I'm worried because I know the Work Programme has a habit of sanctioning people, I have only ever been sanctioned once (unfairly) and I won that appeal so technically never had a sanction.

 

Need some advice on this, thank you.

[Nystagmite]

You need to call them and explain the situation. Also inform the ob centre. There's a form you have to fill in from the ob centre to say you're ill.

[thecookiemonster]

You need to call them and explain the situation. Also inform the ob centre. There's a form you have to fill in from the ob centre to say you're ill.

 

I will email my adviser today and again tomorrow if I'm not feeling any better, would rather do that than ring as I'd have solid proof that I have informed them I am unwell that way and my adviser always replies to any emails.

 

But would I really need to inform the Jobcentre? I'm not due to sign on this week coming, so should hopefully be ok to sign on next week.

[antone]

Yes, you need to tell the Jobcentre and complete form JSA28 (a pretty simple form). If you don't do this you risk being referred for possible sanctions for failing to comply with WP conditions. You can declare two periods of sickness per claim year, each up to 14 days.

[thecookiemonster]

Ok thank you I will do that then.

[Mr.P]

Yes, you need to tell the Jobcentre and complete form JSA28 (a pretty simple form).

A simple form that one would have though the DWP would post in a prominent position on their web site...

A copy can be downloaded from: https://www.whatdotheyknow.com/request/jsa28_and_being_sick_whilst_on_j

[thecookiemonster]

Do you hand it in to the Jobcentre? or does it have to be sent off? I'd send it recorded delivery if it had to be sent as I've had situations where they have claimed not to have received things in the past.

[antone]

Do you hand it in to the Jobcentre? or does it have to be sent off? I'd send it recorded delivery if it had to be sent as I've had situations where they have claimed not to have received things in the past.

 

Your best bet is to hand it in, or ask a friend to do so for you if you're too unwell as this is the quickest way to get it processed. You can also send it if you prefer. It would be best to call the JCP first and let them know about the situation so they can make a note about it in your records.

[thecookiemonster]

Thank you, so If i send it would i send it to my local jobcentre or somewhere else?

[Mr.P]

If i send it would i send it to my local jobcentre or somewhere else?

 

I'd recommend printing off three copies and filling them all in. Post the first copy to the job centre you usually sign on at. The second copy, take with you to your next scheduled signing on appointment, and if they can not acknowledge receipt of the first one, hand over copy No.2. The third and final copy, you retain for your own records noting the date(s) copies were sent/given to the JCP/DWP.

[thecookiemonster]

Hi,

 

Just wanting to know if your on the Work Programme and you have an appointment to attend but you are ill and you phone them or email them to let them know, can they sanction you for this?

 

Thank you.

[antone]

First off, contact your WP provider and tell them you are too ill to attend and could they please rearrange. Then contact your Jobcentre and ask for form JSA28, explaining the situation. You must not forget to do this. It's a fairly simple form and you don't need a doctor's note or anything.

 

They can send you this form or you can ask a friend or whoever to collect one for you. Return it to them ASAP to avoid any delays to your payments. You are allowed to declare two periods of sickness, each of no more than 14 days, during a 12 month period. This declaration means that for that period, your are exempt from ASE ("Actively Seeking Employment") and that includes WP appointments and also signing on at the Jobcentre.

 

If you then receive notification that you have been referred for a possible sanction, your answer is simply that the period in question was covered by a JSA28 form and no sanction should be applied. The WP provider can't apply a sanction themselves - only the DWP can do this.

[antone]

Meant to add - above advice good for JSA, but the procedure would be a little different if you're on ESA.

[Mr.P]

Then contact your Jobcentre and ask for form JSA28, explaining the situation. You must not forget to do this. It's a fairly simple form and you don't need a doctor's note or anything.

 

Alternatively, you can download and print out the form - To save you from hunting down one on the DWP site, please see attached.

[antone]

Useful, thanks Mr P.

[Chester6]

I sometimes phoned in ill and was never sanctioned or had to use the jobcentre forms

A jobs worth tried to claim to my partner I needed a sick note from my doctor but that never happened

[thecookiemonster]

I've been on the Work Programme for about a year and a half, although I did did 4 months worth of temp work which ended in February this year.

 

The thing is my previous advisers were ok and never made me attend too many Mandatory Activities.

 

The adviser I have had over the last 4-5 months though has been terrible, she has made me attend these useless Job Clubs one a week every week, all I do is sit there on a computer and look for jobs which is exactly the same thing that I do at home.

 

However, recently I voluntarily applied to do this online course for 16 weeks which is 10-15 hours per week.

 

I saw my adviser last week and informed her about this but despite this she has now ordered me to attend two of these 2 hour Job Clubs every week now either there's some kind of discrimination going on or she is just taking the mick.

 

So now i'm expected to spend a lot more time looking for work according to the Jobcentre adviser I saw on Tuesday, also do this online course which I volunteered for and attend two of these Job Clubs per week.

 

I have written to the manager (yesterday) via recorded delivery and put in a complaint and said I want my Job Club appointments for the next month to be cancelled and maybe to change my adviser, they will probably fob me off but I'm really annoyed and frustrated with them, I have also told them that if they don't reduce my Job Clubs then I will withdraw from the online course that I have voluntarily put myself on as I won't be able to commit to the number of hours required to do it.

 

Is there anything I can do at all regarding attending these every week? as they really aren't beneficial to me whatsoever, the advisers just sit there and as I said above I don't do anything different to what I do when job searching at home.

 

Thanks.

Edited October 10, 2013 by thecookiemonster

[thecookiemonster]

Also, was told this week that my CV will be spammed to employers, ones who probably want cheap labour no doubt! And I always get emails from my adviser saying she's put me forward for such and such a job (without my permission) and to apply for this job and that job.

 

Can I do anything about this also? Thanks.

[Mr.P]

Had you signed their data protection/consent form ?

If so, there is little you can do about them distributing your CV to all and sundry - To prevent future occurrences, you should put in writing that "consent to store, process, and distribute personal information is hereby revoked". This will need to be restated at every meeting to ensure the message gets through.

 

If you haven't signed the forms, a formal complaint to the manager of the WP provider, third party contracts manager at the JCP, and your MP is in order. Subject to the response from the WP manager, you then have the option to complain to the ICO and the Independent Complaints Examiner (the latter will cost the WP provider £5000 if the ICE finds in your favour).

 

As for job club attendance, if you have been mandated in writing to attend, then there isn't much you can do. The best course of action is to challenge it before the letter is issued by demanding that the "adviser" demonstrates that it is appropriate to your circumstances and provide evidence that this "activity" has a high success rate - Having been on the receiving end of job clubs in the past as a prospective employer, they were a waste of my time and resources.

[thecookiemonster]

Thanks for your reply, yes I guess I would have signed those forms presumably when I joined them.

 

So can I not withdraw consent? and force them to remove all of my data and make them delete my details and CV from their systems?

 

Regarding the Job Clubs, it is stated in my Action Plan to attend these although I don't actually have formal letters stating that I have to attend these.

 

Thanks.

[Mr.P]

Yes you can withdraw consent at any time - Getting them to remove personal data is the hard part. WP providers are "data processors" for the DWP and also have contractual obligations to retain data for (usually) seven years. Your best bet is to beat your adviser around the head with a copy of the Data Protection Act and try to get him/her to delete the information there an then.

 

If you don't have any formal letters mandating you to attend a job club, check the wording on the "action plan" for a large block of text going on about sanctions if you do not complete said tasks. Chances are, the "action plan" is just an advisory note that can not be enforced - Challenge your adviser as to the mandatory nature of the "action plan" and point out that it hasn't worked to date.

 

If you choose to ignore the "action plan" and skip the job club in favour of the course, that is your decision - There is a good chance that any sanction would be overturned on a reconsideration or appeal, but also a risk that you end up losing money. Get written acknowledgement that the "action plan" is not mandatory or get the job club bit removed (you may need to be assertive to the point of being aggressive to get results).

[thecookiemonster]

Yes you can withdraw consent at any time - Getting them to remove personal data is the hard part. WP providers are "data processors" for the DWP and also have contractual obligations to retain data for (usually) seven years. Your best bet is to beat your adviser around the head with a copy of the Data Protection Act and try to get him/her to delete the information there an then.

 

If you don't have any formal letters mandating you to attend a job club, check the wording on the "action plan" for a large block of text going on about sanctions if you do not complete said tasks. Chances are, the "action plan" is just an advisory note that can not be enforced - Challenge your adviser as to the mandatory nature of the "action plan" and point out that it hasn't worked to date.

 

If you choose to ignore the "action plan" and skip the job club in favour of the course, that is your decision - There is a good chance that any sanction would be overturned on a reconsideration or appeal, but also a risk that you end up losing money. Get written acknowledgement that the "action plan" is not mandatory or get the job club bit removed (you may need to be assertive to the point of being aggressive to get results).

 

Hi, thanks again for your reply, regarding the withdrawal of consent....if I withdraw this then surely they would have to comply? If I quote them under the data protection act then surely they would have no choice?

 

With this lot I would rather put everything in writing sent via recorded delivery as talking in person might not have the desired effect and i'd like to have something to back me up.

 

Should things not be resolved then who would I need to speak to?

 

I will speak to them regarding the job clubs.

 

Thanks again.

[Nystagmite]

I was once told off for emailing my WP provider 2 hours before the appointment, saying I was ill. I am sorry; but I can't pick and choose when I'm ill.

[Chester6]

I was once told off for emailing my WP provider 2 hours before the appointment, saying I was ill. I am sorry; but I can't pick and choose when I'm ill.

Why did they tell you off? There's no good reason for that

[Nystagmite]

Why did they tell you off? There's no good reason for that

 

For giving them only a few hours notice. Not sure what else I was meant to do, tbh.