Turning down work on work programme? Will I get sanctioned?

[ibscotty]

So I went for an interview today at EOS set up by my adviser, I was told the job was a customer service position, when I get there he starts telling us about the job and turns out that it's merchandising for some company where you go and stay in a travel lodge for 5 days a week working 12 hour days filling unopened supermarket shelves. :/

 

We all have a quick interview and he pretty much offers me a job, told me he also offered 1 other dude a job but no one else (I was last) then I go out and wait to collect my bus fair and get chatting to this other girl who was in interviewing before me and she tells me he offered her a job too? wtf?

 

I really dont want to work away from home for 5 days a week, I have trouble sleeping as it is and never get enough sleep in strange beds, I think that + 12 hour days + my WPW syndrome would probably kill me.

 

So what will happen when I turn the job down? will my adviser try to sanction me or something? I have to see him tomorrow at 4

 

another thing is the contract is only for 16 hours, he said there's more hours most weeks but I have been stung by people saying that before.

 

Please help I'm worrying a bit.

[ibscotty]

I just spoke to my adviser on the phone, started by saying the interview was ok but I don't want to do the job and he hits me straight away with "well there might be a 3 year sanction if you turn it down" D: I go onto protest about staying away from home and my heart condition and he seemed to change his tune bit but was still trying to get me to do it. Still have to see him tomorrow I feel like they have tricked me into this. I'm thinking now if I don't do it he will definitely file a sanction and I will have to appeal it, but am I likely to win the appeal? ffs I really don't need this ****, at the start of the day I was feeling good thinking I was going for a local customer service job and hopeful now I'm just a nervous wreck.

[honeybee13]

Hello there.

 

Would you mind telling us what benefits you're on please, because it night help us to advise you?

 

My best, HB

[ibscotty]

Yeah it's just standard income based JSA, housing benefit and council tax benefit, thanks.

[flumps1976]

Hmmm were you "matched" to the vacancy by your work programme adviser?

If not then you are under no obligation to accept the vacancy.

The job is only a 16 hour per work offer but with possible extra hours so on the fact that it is 16 hours then they shouldn't refer to DMA as the minum hours required for a "suitable" job are 24 unless you have restricted hours on your action plan that state you are only looking and available to take 16 hours per week.

However as it's work programme and then don't actually understant the DMA process in the slightest I couldn't say 1000% that this is the case sorry. My input is only based on what is considered prior to the work programme referral.

[ibscotty]

Yeah I guess so, EOS is the provider, they arranged the induction/interview and my work broker told me to come in for it.

 

The contract is for 16 hours but from what he was saying they expect you to work 5 days a week, 12 hours a day for 4 days and 10 on the last day, which is just too much for me, also in the application pack there is a "OPT OUT AGREEMENT" to opt out of the 48 hour working week rule..

 

Am I right in thinking the provider sends the sanction thing to the job centre and then they decide to put it through or not? so would the job centre see the contract was only for 16 hours and agree it's not suitable?

 

Thing is I would be willing to do the job if it was 24 hours (2 12hours shift) or maybe even 36 at a stretch. but 58 hours a week 12 hour days away from home, I know on the last days my heart would be jumping around like crazy and I would be worrying like mad about having a palpitation attack, if not having one.

[flumps1976]

No the decision is made y the DMA team but the referral is actually made by the Work Programme providers and JCP have no input in the referral at all.

[ibscotty]

SO I have been thinking about the 48 hour working week opt out thing, I don't want to sign this and as it's my right not too, surely I can't be held accountable if the employer decides to remove the offer because of this?

 

If that doesn't work I guess I will have to try and fail the probationary period.

[flumps1976]

But if you then fail the probationary period and then sign on for JSA again you will be subject to the new sanctions regime and will automatically be referred for the 1st sanction on the higher level which starts at 13 weeks.

[ibscotty]

I thought that was if you quit or get fired for gross misconduct? or has it changed?

 

Working too slow and being late etc, needing instructions all too often, extended toilet breaks that sort of thing, nothing major bad, just not enough for them to want to employ me..

[antone]

This is a personal, not a professional point of view, but given those bizarre terms and conditions, I'd be seriously tempted to simply decline the job offer and take my chances with DMA. I think most DMs would accept those reasons, especially if you've not previously turned down job offers.

 

I mean, seriously - they want to offer you a 16 hour contract but at the same time are asking you to waive your Working Hours Directive rights? That's just taking the p***.

[ibscotty]

Right I have been to see my adviser today and sorted it out, I lost my temper a bit but eventually we talked it out and he explained he didn't realise they wanted me to work long hours and thought it was 16 hours (due to the 16 hour contract) which goes some way to explain why he thought I was being funny about it and said about the sanctions over the phone.

 

I explained to him about the long working weeks away and the waiver and he agreed the job isnt suitable for me. Phew.

 

I did get a bit funny when I lost my temper and started claiming it was all a set up and EOS were just out to cut the unemployment figures lol, he told me that EOS only make money from me if I have been in 6 months employment, and this was a new company they had just started working with and hadn't received any feedback about the job yet, which I accept.

 

Anyway, thank you all very much for your help I really appreciate it