How to Avoid Workfare

May 10, 2013

Know your rights – Work Programme

You do not not have to sign any provider documents!

Find out if your “work experience” is mandatory or not.

Fact: Not all ‘work experience’ on the Work Programme is mandatory.

Fact: The only personal data you need to share with a Work Programme provider (such as A4e) is your referral letter and signing on book – See donotsign.com

Fact: You don’t have to sign any Work Programme provider documents or forms.

Fact: Your CV is personal data and you don’t have to give them a copy to keep.

Fact: A written Mandatory Activity Notification must be given if they want to make anything sanctionable or to keep or see personal info they do not already hold.

Fact: The Job Centre can postpone starting the Work Programme for 90 days if you have a job interview, or are expecting to work soon.

Fact: If you are on another Job Centre scheme, pregnant or a survivor of domestic violence you do not have to do the Work Programme.

See consent.me.uk and donotsign.com for more info on the Work Programme.

Don’t volunteer for “Work Experience” or the “Sector Based Work Academy”!

• Do not agree to volunteer for the Sector Based Work Academy: You will be sanctioned if you try to leave the scheme.

• Many people are given the impression that they must do the Work Experience scheme or face sanctions. This is not the case: you do not have to agree to do it and you can leave without facing direct sanctions.

• However, leaving the Work Experience scheme can be used as an excuse to force you to do Mandatory Work Activity (MWA). Beware that if you don’t have recent work experience, and do not consider volunteering or the Work Experience scheme, you may be referred to MWA.

If you encounter resistance or mistreatment in these programs, consulting an employment lawyer about hostility can help you understand your rights and options for recourse.

Mandatory Work Activity: check and challenge your eligibility

We have seen people referred for this just because they have challenged their advisor. But there are strict DWP guidelines on who should be sent on MWA, which you can use to challenge referral. You do not have to go on this scheme if:

• you are currently working (paid or voluntary)

• you are undertaking employment related study or training

• you are taking part in, or recently completed, another “employment measure”

• the only reason given is your advisor thinks you haven’t been meeting your jobseeker’s agreement