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Is It possible to prosecute Work PlacementAdvisors

  • James
  • Topic Author
11 years 7 months ago - 11 years 7 months ago #112918 by James
Hallo My question is :is it possible for Claimants to prosecute Work Placement Job Centre Advisors
if they deliberately mis place a Claimant to a work placement?
eg .for attempting to unlawfully retain a Claimants ESA allowance
by constructively dismissing them from the Claim?
Last edit: 11 years 7 months ago by bro58.

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  • bro58
11 years 7 months ago - 11 years 7 months ago #112920 by bro58

James wrote: Hallo My question is :is it possible for Claimants to prosecute Work Placement Job Centre Advisors
if they deliberately mis place a Claimant to a work placement?
eg .for attempting to unlawfully retain a Claimants ESA allowance
by constructively dismissing them from the Claim?


Hi J,

I am not sure what you are getting at, but as it seems to be a legal matter pertinent to an individual only, you would need to seek professional advice.

bro58
Last edit: 11 years 7 months ago by bro58.

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  • James
  • Topic Author
11 years 7 months ago - 11 years 7 months ago #112940 by James
Hallo,What I mean here is a hitherto new area of Claimants rights.
What I mean is there is anecdotal evidence that Advisors are deliberately trying to get rid of Claimants off of their lists.
By calculatingly offering Work Placements that they are certain the Claimant will not attend.
This amounts to the advisor attempting to "constructively dismiss"the Claimant
ie harrass them to make them leave the claim and thus stop and retain any further Payments
from the Govt.coffers.
So the Advisor is acting as an agent of The State in perpetrating un unfair witholding of an otherwise rightful entitlement in order to save money and balance the books.!
Such constructive dismissal would not be tolerated in the workplace .
Last edit: 11 years 7 months ago by bro58.

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  • bro58
11 years 7 months ago #112942 by bro58

James wrote: Hallo,What I mean here is a hitherto new area of Claimants rights.
What I mean is there is anecdotal evidence that Advisors are deliberately trying to get rid of Claimants off of their lists.
By calculatingly offering Work Placements that they are certain the Claimant will not attend.
This amounts to the advisor attempting to "constructively dismiss"the Claimant
ie harrass them to make them leave the claim and thus stop and retain any further Payments
from the Govt.coffers.
So the Advisor is acting as an agent of The State in perpetrating un unfair witholding of an otherwise rightful entitlement in order to save money and balance the books.!
Such constructive dismissal would not be tolerated in the workplace .


Hi J,

I am afraid that your query is beyond the remit of the forum.

If it could be proven that a JCP Adviser was deliberately setting a claimant up to fail, then it is theoretically possible that a claim of misfeasance could be brought against them.

We are not legally qualified to advise is such matters, and can only offer generic information regarding ESA, etc.

bro58

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