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Forum Home  →  Discussion  →  Income support, JSA and tax credits  →  Thread

Higher level sanction - refusal of employment

robverco
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Welfare Benefits Officer, Wandle Housing

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Hello all,

Could someone please, if it exists, point me in the direction of any case law that includes anything close to defining or giving examples of what may or may not constitute:

“behaving in such a manner at an interview that the employer decides not to offer them the job”...

DWP have said the employer advised them “that client came across as not really looking for work” and as a result application not progressed and opportunity lost.

That to me as it stands, unless there are more specifics in the bundle, is not enough to satisfy the above “behaving in such a manner”.

Links to case law or thoughts most welcome.

Dan_Manville
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here’s a starter for 10…

vol 2 of the legislation points to [2013] UKUT 645 (AAC).

Daphne
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robverco
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Thank you, sorry, that seems to be good for “‘good cause’ for failing to attend the course” on the WP.

I am looking for anything that references what may or may not be construed as behaving in such a manner in an interview that means any potential job offer is withdrawn.

CPAG p1085 treated as refusing to apply for or accept a job says:

‘you behave in such way that you lose the chance of getting a job. This should only apply to things you actually said or did (or refused to do) and should not apply just because a prospective employer dislikes your appearance or manner…’

Which is perfect for my client’s case but was looking for some law to back it up.

[ Edited: 26 Aug 2016 at 09:31 am by robverco ]
Daphne
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There isn’t a lot of caselaw on sanctions - as claimants tend to give up on appeals i think - and I’m not aware of anything relating to your client’s issue.

I would definitely ask for more specific evidence - what does ‘not really looking for work’ mean? And at the end of the day it’s balancing your client’s evidence against that - how did your client find the interview - were they nervous. tongue-tied or anything else that made it difficult for them to present themselves in the best way. If you go to a tribunal the prospective employer isn’t going to be there, but if your client is credible then hopefully they will provide much stronger evidence.

Good luck - let us know how you get on.

neilbateman
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“Coming across as not really looking for work” is not really any sort of proper evidence.  It is entirely subjective and appears to be based on a number of possible subjective perceptions by the employer rather than tangible evidence of your client not wanting to get a job.  Moreover, research by management academics (sorry can’t cite) shows that interviews are the least reliable form of assessment of candidates and that different interviewers on the same panel have different perceptions of the same candidates they have interviewed together.

People who have been unemployed any length of time vey often lose self-esteem, confidence and they often suffer from mild depression (often undiagnosed).  Especially if they have been repeatedly sanctioned (yet another reason why the sanctions regime is counter-productive). 

These can make people appear to be “poorly motivated” and are frequently misunderstood by DWP staff who ought to know better given that they deal with unemployed people day in day out.

Jon (CANY)
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I think I’d highlight the DMG at 34732, and point out all the steps that the claimant *did* take (arrive on time, appear presentable, answer questions, not impose restrictions, etc). The DMG says that if the prospective employer was put off by what the claimant said, but the statements were reasonable in themselves and were not solely intended to put the employer off, then the claimant has not “refused the vacancy”.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/537727/dmgch34.pdf

The examples in the DMG are referenced to caselaw from the 1950s, if you can find them ..

robverco
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I have quoted from DMG at 34732 and drilled down into some of the Work Coach guidance too.

DMG 34727 and 34728 is helping as in addition the client was not properly informed.

Add some good reason and the fact the form ES195(RE) notifying a doubt raised was not provided to the client and we might have a chance.

Thanks all and I’ll let you know how we get on.

[ Edited: 26 Aug 2016 at 12:44 pm by robverco ]
robverco
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Afternoon.

Client calls says he has one-off JSA payment in his bank account. Emails JCP and…

“...Having checked the Benefits Centre processing screen, it notes that your appeal has been favourably allowed and so this would be the arrears that have consequently been paid.”

We only outlined our grounds of appeal on the SSCS1, the DWP bundle was never received and our submission remains unsent.

Just goes to show how far they will push it.

[ Edited: 2 Sep 2016 at 04:45 pm by robverco ]