13th Nov 2014
Man who applied for 60 jobs while protesting at DWP policy sanctioned
http://www.theguardian.com/society/2014/nov/12/jobseeker-applied-posts-protest-dwp-policy-sanctioned#comments
ObiDanKinobi:- In response to SteveTheButcher
Glad this issue is starting to make real mainstream progress. I sent the following letter (Further below) *Edit For Clarity 16/11/15*) to the guardian more or less a year ago.
I have just been to a tribunal hearing, where the judge found unequivocally in my favour. (SC049/14/00137).
I had taken more than 2 steps as is deemed reasonable in Jobseekers Regs 1996 (following link taken from none other but the official DWP website.), and the judge confirmed that i had fulfilled my obligations towards the state.
http://www.dwp.gov.uk/docs/a11-4001.pdf
I specifically requested an audio recording of the judgement, as i have explicitly detailed all of my encounters with the DWP and tribunal service, and explained that i felt it would reflect badly upon the court service to have "closed doors" at this point. I was told that no-one as yet had requested this service. However the request was granted.
Having received notification that the appeal was successful, from the tribunal service, I had an inkling this might not be the end of the story.
The reason i suspected this, is because i have had 2 previous sanctions overturned, in which the tribunal service found in my favour, only for the DWP to refuse to release the funds pertaining to these periods. To this day i still have not received any money for these periods.
Back to the current case and surely enough I then received notification from the DWP that they were going to be appealing to the upper tribunal for a statement of reasons. This has the effect of stalling the monies that are due to me, yet again (the court hearing was the 22nd or 23rd Oct) until this process plays out. I have heard nothing to date.
Strangely i received a letter from the tribunals service stating "please find enclosed a copy of the audio recording, however there was nothing inside. I notified the tribunal service about this, on the 5th Nov, as yet i have yet to hear a reply.
In response to ObiDanKinobi
This is the letter, i sent to the guardian. A year ago, the above was the preface to the letter, explaining the situation (i.e written today) and not the actual letter, if that makes sense ;)
Letter to the guardian..... 3rd Dec 2013
Hi there,
I have a story with regards to JSA/sanctions being imho unlawfully imposed.
Would this be the best e-mail address to raise such issues?
I can go into a lot more detail, however the short of it is i've been sanctioned twice this year thus far, both times there were extremely dubious/nefarious reasonings behind said sanctions. Including but not limited to..
The departmental omittance of various steps i did to look for work. The outright fabrication of jobs, i allegedly could of applied for, i.e jobs that didn't exist, or were totally unsuitable. I have material proof to this account. Granted both times after appealing, they were overturned in my favour, and i didn't think to pursue highlighting this any further. However in retrospect perhaps i should of.
Which brings us to the current time. My current claim has been sent to a "decision makers" once again. Thus resulting in a penalisation, before a judgement has been made, as regardless of outcome it would appear my only living allowance will be delayed.
This is the complete antithesis of natural law. In that one is unduly/unjustly punished before the "decision makers" even have a chance to consider a judgement on the case. This has happened to me twice in the past as aforementioned, where a "doubt" has been raised, my benefits have been sanctioned, and i have then appealed and had this overturned. This is unjust and wrongful punishment, and i would like to, if i can draw closer scrutiny to such things.
I have done what was required of me as far as i'm aware in good conscience.
I have duly resisted the calls to sign up for a UJM account, regardless of it now being apparently a mandatory condition, under data privacy (via third party operators i.e Monster inc) concerns.
I have detailed most if not all encounters with the jobcentre and have various transcripts (as far as my recollection serves me) and photocopied forms available for scrutiny upon further request.
The short of it is, (or the long of it, as it now appears if people who are doing what is required of them, are having their only living allowance suspended, or sanctioned. Then this is massively wrong.
These "sanctions" e.t.c are not just "terms" they have very real and usually very dire consequences. And if a state cannot provide the basics for its citizens in times of need, such as food/shelter and warmth, especially when those citizens are adhering to what is required of them by law, then i fear deeply for the future of this country.
Perhaps we can do something about this.
Please don't hesitate to get in touch, if you would like to call/meet thats fine. Just give me a time and a place, and providing i haven't half starved to death, and its within bicycle range (about 10 miles) of Stafford, i would be happy to meet to discuss this matter further.
As much as it pains me to say it as well, I can, if required, post a link to my Facebook page, where upon i have endeavoured to detail my encounters with the wonderful benefit system in the most elaborate/exquisite of clarity.
While your at it, perhaps you could also do an article on that which i consider one of the greatest of blights to this country. Job recruitment agencies. How 80-90% of all jobs available (this proportion has increased greatly in the past couple of years, since i drafted the letter below) are via these parasitic entities, and how the government, if it actually wanted to look after its people, (theres a novel idea) could make sure these are all regulated under the legislation "C181 Private Employment Agencies Convention, 1997."
Here is a letter that i drafted, but never sent, previously on the matter. Your more than welcome to publish it should you deem it fit for purpose. I'm sorry to combine two issues, but i kind of feel this is relevant, how peoples rights are being whittled away in this country on the sly. And what actually trying to stand up for your rights, will nowadays entail. Usually outright hunger in varying degrees of severity.
13 Nov 2014 18:58
ObiDanKinobi:-
"Mr Cameron/ Mr Clegg." *editted out dear* ;) 13/11/14
I am writing this letter with regard to the current job situation as relates to job recruitment agencies.
I have no particular political allegiance and a strong distrust of politicians in general, perhaps with good reason, perhaps not.
Anyway to the point.
I feel i should mention coming from a 'laymans' perspective, the alarming amount of job vacancies that are currently offered through 'job recruitment agencies'.
Having been to a local job centre recently it is in round-about figures, 30-40% of all jobs that are offered via these organizations. (Locally at least, i'm sure there will be regional variations obviously).
These organizations are a massive burden on our society, they are a parasitic entity feeding off the very life-blood of our economy.
I believe they also have an extremely destabilizing effect on the economy as a whole.
Please allow me to explain. Please do not consider the following patronizing, it is merely my humble understanding.
Job recruitment agencies are designed to allow a corporation to be lazy, and not take the time and effort to properly recruit employees for its ranks. That is the cover story anyways.
In reality they are the king-pin in a corporate chess-game, as they will, unchecked, allow a corporation to remove all its workers from one country and relocate at their behest to a cheaper country of their choosing. Because the workers have no rights or very limited rights due to being employed by the job recruitment agency. I.e hired/fired with 1 days notice.
Now logically speaking they say the working class are the very cogs of society, they are the purchasers, they keep the economy rolling and not stagnant. O.k so when you have such a massive percentage of workers perhaps as high as 30-40% with no sort of job security whatsoever, and being paid minimum wage, via job recruitment agencies, it is as though you are trying to build on a constantly moving sand-pit. Because people don't have job security they will be more shrewd, and if you have more people being shrewd then that means they're not out there buying things to keep the economy going.
This i feel is detrimental to the nations interests, and economy.
My humble suggestion would be a job recruitment agency 'quota'. (If i had my way i would ban them completely, but i realise that corporations have become fairly powerful in the world and thus i guess it calls for diplomacy, even though they are not democratically elected, but hey ho thats another story).
Put a cap on the amount of jobs available through job recruitment agencies, perhaps 5 or 10%.
That way the old-school way of doing business can return, and those doing good business and treating their workers fairly, will prosper, those who don't will not. It will also force a measure of "corporate responsibility" in that corporations will be forced to employ their employees directly, thus giving workers more rights and maintaining a more stable/happier work-base and thus-forth economy.
I realize upon briefly reading "C181 Private Employment Agencies Convention, 1997". That job recruitment agencies are directly controllable by the government.
Thankyou for taking the time to read this message, and i look forward to your correspondence on the matter, in the near future.
Regards,
Dan *Redacted full name"
ObiDanKinobi:-
The above letter i wrote about 4 years ago.
Concerned U.K Resident
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