Sanctions removed from work experience – but only a small victory

The government today caved in to bad publicity and agreed to remove the possibility of sanctions from those who refuse to take part in the work experience scheme. Those guilty of gross misconduct may still be sanctioned with removal of benefits.

However, a DWP spokesperson confirmed to me this afternoon that it is only the work experience scheme which is affected by this change. Those on the work programme, which is run by third party providers such as the disgraced A4e, may still face sanctions if they do not cooperate with the programme. As detailed in the previous article on this site, it is mandatory to attend the work programme after a set amount of time receiving Job Seekers Allowance or Employment Support Allowance. The DWP spokesperson pointed out that the work programme provides much more than just work experience placements and referral to the programme does not necessarily mean undertaking work experience.

In addition to the work programme there are several other schemes involving compulsory work including the community action programme and mandatory work activity. There is also the possibility that those who refuse work experience may be picked for mandatory work activity, and then sanctioned if they refuse to take part in that.

I discussed with the DWP the issue of those who are receiving ESA and placed in the work related activity group being referred to the work programme and possibly for work experience. This is problematic since at the current time many people overturn the decision to place them in the WRAG on appeal and appeals can take a year in many cases so that people who are not fit for the work programme, never mind fit for work might be sent for work experience. The spokesperson did point out that people can present evidence and ask for a reconsideration before going for an appeal, although since at least 40% of those who appeal their decision go on to overturn it I do not think this is enough to ensure that everyone on the work programme is physically and mentally up to the task.

As it stands then, the removal of sanctions from the work experience scheme is a minor victory but the danger is that it will convince the public that all is well once more and the anger over people being made to work without pay may cool. Jobseekers and sick people can still be referred to the work programme where companies such as A4e can send people to do unpaid work experience or face loss of benefits. In the case of those who recieve ESA there is no limit to the length of time they may be made to work without pay. Bizarrely, now that sanctions for refusing work experience have been removed, it may be the case that only people over 24 and those who are officially too sick to work can be forced to work unpaid.

Mandatory unpaid work – the evidence

The government are relying on technicalities to claim that unpaid work experience is voluntary. In fact they claim that they are entirely voluntary which is blatantly not true. There are multiple schemes which involve unpaid work. Some of them are:

  • The Work Experience Scheme
  • The Work Programme
  • Mandatory Work Activity
  • Community Action Programme
  • Sector-Based Work Academies

Government ministers have been trying to direct attention to the first of these, the work experience scheme, which is almost voluntary. Technically a job seeker has the option to attend work experience or not. The acknowledged element of compulsion is that once someone has been in a work experience placement for a week they can be sanctioned if they leave it. In practice, job seekers may be sanctioned if they refuse to start a placement too. The wording of the standard letter on being sent to do work experience is very strong and does not give the impression that the placement is optional, and people on the scheme have frequently reported that their advisers led them to believe that they had no choice.

The second scheme on the list, the work programme, leads do compulsory unpaid work in two steps. First, referral to the work programme – where a contracted provider administers training, skills development and work experience for the job seeker – is mandatory after a defined time period. Job seekers aged 18 – 24 will be referred after 9 months, aged 25+ after 12 months, and ESA claimants in the work related activity group within 3 – 6 months. Secondly, once on the work programme it is mandatory to take up a work experience placement when ordered to by the company running the programme.

The third scheme, mandatory work activity, speaks for itself. It is up to the Job Centre adviser to choose whether or when to send someone for mandatory work. It is supposed to be used when job seekers have behaved badly or refused to comply with direction from the Job Centre, and to provide discipline for those who have never worked. In practice it can be used vindictively by the adviser with no recourse for the job seeker. Unpaid work under this scheme is supposed to only be work that directly benefits the community but again in practice things are different and the work can be something that does not benefit the community directly, but instead brings profit to an employer who does some community work as well.

Government ministers and the DWP have tried to portray these schemes as being for young people aged 18 to 24 however that is not the case. People of all ages have been sent to do unpaid and unskilled work including those with decades of experience or multiple qualifications in their subject.

Here is an image showing the standard letter sent to job seekers on being sent to do work experience:

Work experience letter: you could lose benefit

The letter states:

Please note that if, without a good reason, you fail to start, fail to go when expected or stop going to the provision mentioned above (as in Section 19(5)(b) of the Jobseekers Act 1995), any future payments of Jobseeker’s Allowance could cease to be payable or could be payable at a lower rate. You could also lose entitlement to credit of National Insurance contributions. (Emphasis mine)

DWP memo DMG 08/11 JSA and work experience includes proof that people can be sanctioned for refusing to undertake unpaid work. Here’s a screenshot in case that document disapears:
DWP memo - JSA and work experience

WORK EXPERIENCE AND SANCTIONS

6 From 5.4.11 JSA may not be payable or it may be payable at a reduced rate to
claimants who are entitled to JSA
and have

3. after being notified by an Emp O of a place on a Work Experience, without good cause (see DMG 34751 – 34752)

3.1 refused or failed to apply for it or
3.2 refused to accept it when offered

or

4. neglected to avail themselves of a reasonable opportunity of a place on a Work Experience (see DMG 34757 – 34758)

This DWP Work Programme Statistical Release proves that referral to the work programme is mandatory. This image from page 7 shows the detail:

Work programme referal points

Another DWP document, Work Programme Provider Guidance chapter 3, proves that work experience is mandatory when sent as part of the work programme. Please note that the document has been modified to remove all trace of mandatory work experience, however you may see the original here. Work Programme Provider Guidance Chapter 3 (Original)

work programme provider guidance original

Paragraph 14 states:

Work Experience for JSA Claimants

14. Where you are providing support for JSA participants, which is work experience you must mandate participants to this activity. This is to avoid the National Minimum Wage Regulations, which will apply if JSA participants are not mandated.

I also have letters sent to Aldston about the Community Action Programme which use similar terms to those used for the work experience scheme. See more at Aldston’s blog.

DWP letter - referral to community action programme

Provider letter - referral to community action programme

 

Apart from all that proof that unpaid work is mandatory, we also have strong indications that work experience placements are not helpful.

The DWP themselves comissioned a review of Workfare schemes in other countries, and you can read that for yourself – A comparative review of workfare programmes in the United States, Canada and Australia

Their report concluded that Workfare schemes may actually make someone less likely to find work:

There is little evidence that workfare increases the likelihood of finding work. It can even reduce employment chances by limiting the time available for job search and by failing to provide the skills and experience valued by employers.

Subsidised (‘transitional’) job schemes that pay a wage can be more effective in raising employment levels than ‘work for benefit’ programmes. Workfare is least effective in getting people into jobs in weak labour markets where unemployment is high.

Full Fact have discovered that rates for leaving Job Seekers Allowance are the same whether work experience is taken or not.

Rates of leaving JSA

There is evidence that job seekers are being used purely as free unskilled labour rather than given beneficial experience:

Jobseekers forced to clean private homes and offices for nothing [Guardian]

In a clear conflict of interest work programme provider A4e has set people to work in their own offices:

A4e compelled jobseekers to work unpaid in its own offices [Guardian]

Finally, it is obvious that there are problems with sending people receiving ESA on the work programme:

My current experience for WRAG  [ABC of ESA]

DWP edits documents to pretend work placements weren’t compulsory

The government have been consistently claiming that the Work Experience Scheme and the Work Programme are entirely voluntary, and that only Mandatory Work Activity is compulsory. They were lying, and now we have proof.

I previously pointed out that a DWP document proves that referral to the Work Programme is mandatory in many cases. This image taken from page 7 of the DWP Work Programme Statistical Release states that job seekers aged 18 – 24 will be referred after 9 months, aged 25+ after 12 months, and ESA claimants within 3 – 6 months.

Work programme referal points

Referral to the Work Programme does not automatically mean being sent to work in an unpaid work placement, but it does give full power over your future to the contracted Work Programme provider company. Thanks to the investigative work of Johnny Void we now have proof from a DWP guide for Work Programme providers that when a provider sends a job seeker to a work placement it is compulsory. Here is an image from the relevant page of the guide.

work programme provider guidance original

Paragraph 14 states:

Work Experience for JSA Claimants

14. Where you are providing support for JSA participants, which is work experience you must mandate participants to this activity. This is to avoid the National Minimum Wage Regulations, which will apply if JSA participants are not mandated.

However, if you try to read the original document from the DWP website at this point that isn’t what you see. Instead you will see this page:

work programme provider guidance modified

The documents has been modified. The original paragraph 14 is gone and paragraph 15 has been relabelled as 14. Also note that the European Social Fund logo has been removed. Despite the changes, the version number of the document, shown at the bottom right corner, is V2.00 in both cases. Credit again goes to Johnny Void for spotting that the document had changed and finding the original document lurking in the Google cache.

You can check the Google cache for the original document at least until it updates to reflect the new one, and you can check the revised version from the DWP website. I have saved copies of both the original and the revised documents here. (My copy of the original was saved as a PDF from the Google cache.)

Work Programme Provider Guidance Chapter 3 (Original)

Work Programme Provider Guidance Chapter 3 (Revised)

Éoin Clarke has also discovered that the DWP have removed the latest version of the Work Programme prospectus from their web site, although the 2010 version is still available. The prospectus has a similar table to that at the top of this article. I have saved a copy of that document here too.

Work Programme Prospectus v2 (2010)

Not only do we have proof that Chris Grayling, Iain Duncan Smith, David Cameron and the DWP were all lying, we also have proof that the DWP silently modified their documents to remove the evidence.

We are at war with Eastasia. We have always been at war with Eastasia.