Actively seeking work. Defined in law?

SJI85

Hi everyone,

As those who followed my thread last week know, I've been sanctioned for failing to "actively seek work" (I was unable to provide my word processed jobsearch diary due to a technical issue with my laptop, but did provide a written list of most of my applications and was willing to provide the rest of the evidence orally from memory. They made no attempt to get this oral account, or view my activity history on UJ the following day).

Does anyone know if "actively seeking work" is actually defined in law, or DWP regulations? The best I can find is that a person must take more than two steps a week (unless it is reasonable for them to take less than). So this suggests that the DWP cannot sanction a person for not applying for x number of jobs, or even jobsearching for x number of hours, providing they are still taking "more than two steps" a week , and I know of sanctions that have been successfully appealed on this basis.

An appointment has been arranged to see an advisor. I'm concerned about this. Not only has this never happened before, but it's also happening in the final week of the sanction. I think the advisor is going to try and increase my commitments in the job seekers agreement (e.g. 18 jobs a week to 22) and interrogate me in an attempt to find something "wrong", or trip me up. Because, if I get a second sanction, it will be 13 weeks of course.

Call me paranoid, but I just don't trust them.

tomterm8

SJI85 wrote: »

Hi everyone,

As those who followed my thread last week know, I've been sanctioned for failing to "actively seek work" (I was unable to provide my word processed jobsearch diary due to a technical issue with my laptop, but did provide a written list of most of my applications and was willing to provide the rest of the evidence orally from memory. They made no attempt to get this oral account, or view my activity history on UJ the following day).

Does anyone know if "actively seeking work" is actually defined in law, or DWP regulations? The best I can find is that a person must take more than two steps a week (unless it is reasonable for them to take less than).

You really ought to go to the citizens advice bureau and ask for their help to appeal the sanction. A properly outlined letter asking for mandatory reconsideration and that shows you have done everything on the jobseekers agreement would probably work.... if it's in time.

The meaning of 'actively seeking work' is mainly defined in case law. But an advisor from the CAB would be a good place to start... showing you've met the terms of the JSA would normally be enough, or if not that you've taken all reasonable steps.

SJI85

tomterm8 wrote: »

You really ought to go to the citizens advice bureau and ask for their help to appeal the sanction. A properly outlined letter asking for mandatory reconsideration and that shows you have done everything on the jobseekers agreement would probably work.... if it's in time.

Don't worry. I'm not going to take it lying down. They've acted unjustly and perhaps even illegally. There isn't just the issue of whether or not they can say I was not "actively seeking work" (considering I provided them with a list of applications I had made - what is actively seeking work if not making job applications? and no oral account was given) but also their treatment of me as a disabled person. At the moment they haven't shown good practice at the very least. If the decision is upheld they'll potentially contravene the Equality Act 2010 if they haven't already.

I'm fighting it to the death, just for the principle rather than because I need the money, so detailed letter asking for a reconsideration and proper job diary have already been sent off. The decision will get overturned.

My concern is the interrogation and bullying I fear I'll be subjected to on Tuesday.

The meaning of 'actively seeking work' is mainly defined in case law. But an advisor from the CAB would be a good place to start... showing you've met the terms of the JSA would normally be enough, or if not that you've taken all reasonable steps.

It was this link that got me thinking

https://unemployedtynewear.wordpress.com/tag/failing-to-actively-seek-work/

tomterm8

The link might once have been right, but the jobseeking regulations have been substantially amended over the last two years and quite a few bits are different now than they were then.

pmlindyloo

I don't know whether this link might be of help:

https://www.whatdotheyknow.com/request/es3jp_jobseekers_agreement_manda

Click on Appendix 1 and Appendix 2 in the reply.

Unfortunately not all of the links work contained in the Appendix and of course things might have changed. However, it might give you an idea of framing certain questions when you meet with your advisor.

Does your current Job Seekers agreement take into account your difficulties with recording your job searches? Using electronic methods is fine but it could, maybe, be noted what would happen if there was some kind of malfunction (although I recognise on your other thread that you will probably have this covered by now.)

Hopefully your concern about the number of job searches you have to do will not materialise as your advisor should be taking into account your disability.

In the end, any changes made will have to be made with your consent and ultimately a Decision Maker will make the decision.

busy_mom_2

Two things to look at firstly if you did have all the evidence to hand when you signed on and you now have that evidence you take it back to JCP and ask for a reconsideration of the decison based on the fact you have evidence to support your jobsearch and did indeed, in you opinion take steps that would give you best prospects of securing employment. I cannot say this will overturn the decision but give it a try.

Jobseekers must take all steps reasonable to secure best prospects of seeking employment, claimant commitment moves away form a number steps and more to specific steps and time spent jobsearching. if you have 30 things per week a DM will consider if those steps were the best steps to secure employment ie if your looking for retail is handing a C.V. in ASDA and saisburys every week really going to help if they recruit only online?

MissMoneypenny

Maybe also give all your evidence to a Conservative MP? With all their welfare reforms, they will be cutting the waste (unecessary burden to the taxpayer jobs) from the various benefit departments and they might be interested in the evidence you have.

DanielD2008

SJI85 wrote: »

The best I can find is that a person must take more than two steps a week (unless it is reasonable for them to take less than). So this suggests that the DWP cannot sanction a person for not applying for x number of jobs, or even jobsearching for x number of hours, providing they are still taking "more than two steps" a week , and I know of sanctions that have been successfully appealed on this basis.

When you signed your jobseekers agreement it should tell you how many things to do per week. As long as you do them can they really argue ?

SJI85

busy_mom wrote: »

Two things to look at firstly if you did have all the evidence to hand when you signed on and you now have that evidence you take it back to JCP and ask for a reconsideration of the decison based on the fact you have evidence to support your jobsearch and did indeed, in you opinion take steps that would give you best prospects of securing employment. I cannot say this will overturn the decision but give it a try.

Tried to direct the advisor to Universal Jobmatch (my activity history) in the "evidence collecting" appointment but to no avail. The decision was made to refer me. I then met with the customer service manager the following week but he wasn't interested in hearing my case as I'd "just have to explain at all again" to the decision maker (the DM had sanctioned me by this point). All I can do is send the evidence to the decision maker and request a reconsideration which I have done.

However, once the decision is overturned I am considering making a formal complaint. I'll probably be signed off by this stage.

Jobseekers must take all steps reasonable to secure best prospects of seeking employment, claimant commitment moves away form a number steps and more to specific steps and time spent jobsearching. if you have 30 things per week a DM will consider if those steps were the best steps to secure employment ie if your looking for retail is handing a C.V. in ASDA and saisburys every week really going to help if they recruit only online?

I understand this. What I don't understand is their repeated insistence that what matters is the hours I spend job searching, not number of applications, but still continually increase the number of jobs I'm supposed to be applying for.

DanielD2008 wrote: »

When you signed your jobseekers agreement it should tell you how many things to do per week. As long as you do them can they really argue ?

I think you miss the point. The point is whether my jobseekers agreement is a) reasonable given my health and circumstances and b) legal.

I've rarely, if ever, actually made the number of weekly applications that my agreement states. This is partly due to lack of jobs, but also because the job applications I make tend to involve more than a cover letter and CV. Especially for graduate jobs. A single application can take the best part of two days.

My concern isn't so much what I'm doing now, as I feel it's reasonable and sufficient (and presumably so do the jobcentre, as they've never suggested anything different). What I don't want is for them to raise the number of applications I need to make each week. This would be pointless as I'm already spending 8 - 14 hours a day on job search activity including voluntary work.

SJI85

pmlindyloo wrote: »

Does your current Job Seekers agreement take into account your difficulties with recording your job searches? Using electronic methods is fine but it could, maybe, be noted what would happen if there was some kind of malfunction (although I recognise on your other thread that you will probably have this covered by now.)

No. It was never discussed. Should my agreement be reviewed on Tuesday I'll mention it then. However, it's a moot point as I'm likely signing off soon. I've now got medical clearance for a new job and I'm just waiting for the DBS.

I just don't want any further hassle from them in these final couple of weeks. They've been looking for a reason to sanction me these last few months. Now I fear they'll be looking to sanction me again as a second "offence" will result in a 13 week sanction.

Hopefully your concern about the number of job searches you have to do will not materialise as your advisor should be taking into account your disability.

I don't feel my dyspraxia does affect the number of applications I can make, or anything else with regard to job searching besides not being the fastest and best writer, so unwilling to provide a handwritten job diary.

But on a previous occasion my weekly job application commitment was going to be raised to 20 a week from 14/16. The advisor, after learning of my dyspraxia, did then reduce this to 18. At least that's something...