Ipswich Unemployed Action.

Campaigning for Unemployed Rights.

Jobcentre Plus not exempt from Human Rights Act 1998

with 22 comments

Bad treatment of participants on New Deal courses are not exempt under the Human Rights Act 1998.
As the training providers are not public organisations they are exempt from the Human Rights Act (but not from civil legal proceedings for Conventional rights).

As Department for Work and Pensions and Jobcentre Plus uses both statutory law and contractual agreements to force participants to cooperate and attend New Deal courses while knowing of the conditions they are in breach of the Human Rights Act 1998 and any Jobseeker who are subjected to such significantly bad treatment are entitled to commence legal proceedings against the DWP or Jobcentre.

The word “forced” is used because for the majority of unemployed people without receiving benefits are plunged into poverty and risk losing their home and Jobseekers Allowance is an legal entitlement under statutory law with various legislation and regulations including the Jobseekers Act 1995. There are no other options especially considering a pending 26 week (6 months) ban so it will be deemed that people are “forced”.

Training Providers even though separate organisations are sub-contractors working for the DWP.

The Jobcentre needs to be aware of the Flexible New Deal will breach many articles of Conventional rights including Article 3 (“Prohibition of Torture”) and Article 4 (“Prohibition of Slavery and Forced Labour”) – Please see the below quotes:

Article 3
Prohibition of torture

No one shall be subjected to torture or to inhuman or degrading treatment or punishment.

New Deal currently breach Article 3: ” No one shall be subjected to [..] inhuman or degrading treatment or punishment”

Article 4
Prohibition of slavery and forced labour

1. No one shall be held in slavery or servitude.

2. No one shall be required to perform forced or compulsory labour.

Flexible New Deal will also be in breach of this article amongst many others.

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Written by Universal Jobmatch

May 21, 2009 at 9:19 am

22 Responses

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  1. The fraudulent training companies are carrying out a public function, therefore would come under Human Rights Act.

    From memory, one of the Articles covers humiliating and degrading treatment.

    keith

    October 6, 2009 at 2:12 pm

  2. Partner judged to be fit for work by DWP ATOS not passed info on he wasnt fit so a month later they sent a taxi for him to attend mandatory interview job focus etc he couldnt get in the car as tumour has caused his weight to go over 30 stones. Taxi disappeared leaving him on roadside. 56 minutes later mandatory interview lot on partners phone demanding to know where he was. He had collapsed and was lying on grass verge outside house and had been there over 50 minutes. No further taxi had arrived. Phone call to mandatory interview lot revealed he should not have been sent for at all as apparently ATOS had recommended he be in the support group. FLAGRANT BREACH OF ARTICLE 3 HUMAN RIGHTS ACT – “No one shall be subjected to torture or degrading treatment or punishment”.Chap now back in bed suffering from exposure and greatly upset.

    Judge Judy

    January 18, 2010 at 2:54 pm

  3. For more on New Deal and Human Rights see the Social Security Commissioner case at the following address:

    http://newdealcomplaints.co.uk/jobcentre-plus/new-deal-violates-human-rights-slavery/

    Flexible New Deal

    January 24, 2010 at 9:35 pm

  4. Long time viewer / first time poster. Really enjoying reading the blog, keep up the good work. Will definitely start posting more oftenin the future.

    Tess Sandvik

    October 23, 2010 at 9:17 am

  5. And, it gets worse, there is now a forcing of work, at least 30hrs unpaid, the reasoning is (or rather a, very weak attempt in as such), to dicipline a work routine. So it seems now, no matter what, this government is law breaking, human rights ignoring, clearly sadistic and hires companys that were sacked for fraud and falsifying documentation, wow we have got a fantastic future,

    Sue E Sidal

    January 22, 2011 at 1:01 am

    • Direct Action is required to stop this.

      Work Programme

      January 22, 2011 at 12:01 pm

    • Working just to pay one’s rent and buy food is the standard definition of poverty in anyone’s book. And to top it all we have Dave Cameron and his sinister Happiness Index, brought to you by the very people that are trying to make us as miserable as possible. Work Programme is right – this has got to stop before it goes too far, it’s time to drag the providers from their warm offices and string them up.

      Jospeh Rowntree

      January 22, 2011 at 3:31 pm

    • I was thinking more of hanging them lol

      Work Programme

      January 22, 2011 at 6:11 pm

  6. the new deal is abuse without question ?
    i mean did we work for a living to gain something in life ? “or do we work for nothing”
    i want to work to get better things in life.
    but at 6 pounds an hour there is no chance of that, just more problems a head.
    i guess born with nothing die with nothing is the real fact of the real matter of the real question “here” will i ever get the things i want in life ? or just keep getting abuse from the job center.

    Garry

    May 8, 2011 at 10:48 pm

    • If you are born poor, you live poor, you die poor, my child. Bless you!

      Pope Benedict XVI

      May 8, 2011 at 11:58 pm

  7. I went to a job provided by an recruitment company on arriving had a tel call from the above telling me that i had the wrong attitude, now at the age of 55 i have never been told this in my lifetime , on enquiring what i had wrong , was told that i refused to do something i had been told to do,& that i didnt want to get my hands dirty. Now i can handle something that i did do wrong but not a pure fabrication, What if any recoarse do i have ? , if any
    Yours totally baffled

    S Robertson

    June 17, 2011 at 2:17 pm

  8. the job centre is telling me i have to do this UN payed work, if i don.t do it i loss my money . they don.t care about human right , they know i am a cook and they i know i have done all my course in catering side and they won.t me to work in a shop with no pay for a month , that is slavery & forced labour
    coventry

    vincemason

    February 19, 2012 at 5:52 pm

  9. The thing that really gets me is the sanctions on benifits! 26 week maximum by law?? That rediculous as it is. I overhear “work provider” employees discussing adding NEW SANTIONS straight after old santions meaning people could be going without money for 7 MONTHS….OR LONGER! This has to end.

    Scott

    April 23, 2012 at 7:14 pm

    • This is what happens: we wait until a sanction expires before raising a new one. Some of our “clients” have enough sanction doubts on file to last a lifetime.

      Working Links Employee

      April 24, 2012 at 12:39 pm

  10. During the time of my systematic sanctioning I was arrested by police in job centre for saying I was going to sit down until someone gives me something to live on, this was months after having no benefit – I was also sectioned twice under the mental health act for being in arrears with my rent and supposedly facing eviction for non-payment of rent I was entitled to, and told it was because they were concerned for my welfare, my welfare was further encroached in hospital by abusive patients who clearly were ill, having items stolen from me and watching inmates self harm in front of you . I was sectioned a third time because I refused to take medication they were drugging me with to keep me quiet, yet all the social reports presented to my mental health tribunals cite problems I had with my estranged daughter and sister who have lied throughout. Other family members like my father my other sister and brother all tried to help feed me by contributing financially 5 pounds each while sanctioned, bills went unpaid and even when I was hospitalized they did not let me have a claim form to claim sickness benefit so was without money still for a further 3 – 4 months while locked up which could result in 7 – 10 months with no money, yet despite all of this I cannot get any legal representation for the inhumane way I have been treated and am now suffering from agorophobia because of all of the stress. I have come up against nothing but lies from jobcentre staff, housing staff and psychiatrists who condemn me as persistently delusional when they have actually made me depressed by keeping me locked up and drugged against my will.

    wendybaker

    July 6, 2012 at 11:04 am

    • So sorry to hear this, Wendy. This is a f*ucking disgrace This is what it is coming to – locking innocent people up under the pretext of “mental health” if they as much as dare challenge the “authority” of the jobcentre. If they were so “concerned about your welfare” why didn’t they re-instate your benefits and moreover if they are so concerned about people’s welfare why are they depriving people the basic means of survival thus throwing them into destitution. Hope everything turns out well for you. Good luck!

      Disgusted

      July 6, 2012 at 6:08 pm

    • One more thing, I really hope none of your suffering was through the ill-fated one-way street to sanctionville street known as refusethewp – if that is the case you really are due an apology at least from those responsible (who will read your messages). All the best

      Disgusted

      July 6, 2012 at 6:19 pm

  11. thanks disgusted for your reply, I have been getting sanctioned for refusing to do the new deal since it’s inception in 1998, although I did agree to do an ibt 1 + 2 computeer course and found myself temporary part -time jobs up until 2002 when there were so many chasing even these jobs, I ,because of my age was left behind and told to do voluntary work (something I had done of my own free will aplenty when my kids were small but refuse to be forced to do it.)

    The job seekers allowance for a single person does not cover ever increasing bills and pension age has been extended for another 6 years for me, so really like everyone else on income based jsa need a full time job that pays more than the minimum wage to keep my head above water – can’t ever see that happening.

    now I am threatened with the under occupancy reduction of housing benefit in 2013 despite the fact I use my spare bedroom for my grandchildren to visit at weekends and cannot afford to move anyway – the tories have always been heartless towarads the poorest in society but New Labour runs a close second, I have been sanctioned by both parties over my refusal to sign up to new deal and I like many others believe we should ‘boycott new deal’ en masse.

    wendybaker

    July 7, 2012 at 9:57 am

  12. Disgusted, I forgot to mention how correct you were in your comment on the fact that ‘if they were concerned about my welfare they should have re-instated benefits or not sanctioned me and thousands more like me in the first place’, but like I said cruelty prevails and we live in an ever increasing divided society, the biggest con being the awarding of high incomes for life, based on a meritocracy. we need a binman or sewage worker as much if not more so than a barrister or solicitor but none of this or how hard the former work is reflected in their pay – why should non- profit making careers like the civil service and ever increasing quango’s paid for by the tax payer be more lucrative than those jobs left to free market gloabal economics in the private sector, which is manipulated by those who operate in the higher echelons of the free market to benefit greatly at the expense of the working class who are evermore over-regulated socially, economically etc while the private sector service providers are deregulated and getting away with murder.

    wendybaker

    July 7, 2012 at 11:20 am

  13. Yes indeed, many people, don’t know that the DWP is a Public Body defined under Section 6, of ECHR 1998.
    Though, the truth is the DWP has been willfully ignoring the ECHR 1998, FOR OVER 12 years now.
    I prosecuted Ex New Deal Trainee Provider-Calder UK Ltd, under Article 2 and 3 of ECHR 1998.
    And even as I type this mail, the DWP is still violating the ECHR 1998 against me!

    Mike

    May 23, 2013 at 6:54 pm

  14. just wondering if my human rights are being abused since when do u spill all of your private medical history to a dwp worker in front of everyone people sitting 2 feet away how belittling
    is not this private also attos the corrupt bastards want shooting for all there assesments are
    criminal i have had suffered cronic anxiety and depression for 15 year passed every medical but these give me oo then the dole send a letter a week later saying my money was stopped over a week before i got the letter people want to fight for your rights now before we have non left they must think we are pathetic to breach our rights without giving the slightest regard for humanity just wish some arab would put a bullet thru camerons fucking head natsy basterd

    david

    February 27, 2014 at 4:39 pm


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