Further to an enquiry in the post to page section. We rarely receive enquires regarding Refusal of Employment sanctions, but we have received a 3 in the last month. Here is a generic Mandatory Reconsideration template which will be uploaded to the website shortly. If you need advice please ask here or make representation to a local advice agency. Refusal of Employment template: Not informed correctly by Jobcentre adviser/work coach to apply for vacancy: Mandatory Reconsideration Appellant: Address: NI No: Respondent DWP Secretary of State Date: This is a request for a reconsideration against the decision made by the Secretary of State that I am not entitled to Jobseeker’s Allowance for the period [dates] for failing to apply for a vacancy at [name of employers]. Background On [date] I was notified of a vacancy by [adviser name if known]. I was not informed that I had to apply for the job by a particular date or the consequences if I did not apply. I was simply issued with a job sheet. DWP Decision Makers guide Informing the claimant 34727 The word ‘informed’ is not defined in legislation and therefore has to be interpreted in its normal context. The context here is that it allows a sanction to be imposed on a claimant who fails or refuses to apply for a job vacancy or accept a job when offered it. That context does not require a special meaning to be given to it, so ’informed’ must be given its ordinary meaning. 34728 In its ordinary meaning, ‘informed’ means to provide information about something in particular in a formal manner. The important issue is that however the claimant is informed it should be 1. by an Emp O and 2. some obligation should be attached to it. 34729 The claimant should be clearly informed of 1. the specified vacancy and 2. what is expected of him and 3. by when he has to comply and 4. the consequences of failing to comply. https://gov.uk/government/uploads/system/uploads/attachment_data/file/351168/dmgch34.pdf My Circumstances The job was not suitable because... [Attach job sheet and identity specifically why the vacancy was wholly inappropriate, for example, health, skill set, travel time.] Lack of evidence Notes: You are entitled to request all the data held about you in connection with a sanction and the decision making process. Add if applicable: From the freedom of information data, there is nothing recorded to indicate that I was informed of the consequences of failing to apply for the job or the date I had to apply for the vacancy. Further, there is no explanation provided why the job was suitable for me taking into account all of my circumstances and which Jobcentre staff are duty bound to consider. Conclusion I have not wilfully failed to apply for any job I am capable of and there is nothing in my history which suggests that I would evade my obligation to comply with any reasonable and lawfully issued direction. I believe I have provided sufficient good reason to why I did not apply for the job and so I ask the Decision Maker/Tribunal to revise the decision. Signed Attachments Job vacancies
Posted on: Sun, 26 Oct 2014 08:19:02 +0000
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