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TOPIC: How to Counter Pressure to Register, Use, or Allow Access, to UJM

How to Counter Pressure to Register, Use, or Allow Access, to UJM 05 Apr 2018 16:36 #6834

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The following is a series of arguments to counter any attempt to encourage, trick, intimidate, coerce or impose UJM on you against your will.
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How to Counter Pressure to Register, Use, or Allow Access, to UJM 05 Apr 2018 16:49 #6835

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Counter Argument 1

There is no law, clause of a law, statutory instrument, or regulation that requires a claimant to open a Universal Jobmatch (UJM) account. In reality there is no mention of UJM at all, not a peep, in any legislation.

In reality, there is no mention of UJM in legislation at all, nor can there be as it would be anti-competitive, and therefore illegal.

Therefore, to demand that a jobseeker registers with UJM, particularly under threat of a possible sanction if not complied with, is not reasonable and would fail the ‘Wednesbury Principles’ test of reasonableness.

The statutory provision that the DWP and JCP invariably rely on to encourage, trick, intimidate, coerce or impose on a claimant the opening, use of, or access to a UJM account is Section 17 specifically (3)(c) and/or (d) of the Welfare Reform Act 2012.

The section of that law that they prey in aid is:

17. Work search requirement

(1) In this Part a “work search requirement” is a requirement that a claimant take—
(a) all reasonable action, and
(b) any particular action specified by the Secretary of State,
for the purpose of obtaining paid work (or more paid work or better-paid work).

(2) The Secretary of State may under subsection (1) (b) specify the time to be devoted to any particular action.

(3) Action which may be specified under subsection (1) (b) includes in particular—
(a) carrying out work searches;
(b) making applications;
(c) creating and maintaining an online profile;
(d) registering with an employment agency;
(e) seeking references;
(f) any action prescribed for the purpose in subsection (1).

(4) Regulations may impose limitations on a work search requirement by reference to the work to which it relates; and the Secretary of State may in any particular case specify further such limitations on such a requirement.

(5) A limitation under subsection (4) may in particular be by reference to—
(a) work of a particular nature,
(b) work with a particular level of remuneration,
(c) work in particular locations, or
(d) work available for a certain number of hours per week or at particular times, and may be indefinite or for a particular period.

This begs the question; why does the DWP push only one online website for the purpose of ‘creating and maintaining an online profile’?

To comply with the relevant clauses in the Act claimants need only to choose and register with any of the numerous recruitment or employment agencies available on the internet.

The fact is that the vast majority of jobs posted on the UJM website are posted via agencies and requires one to apply for those jobs via one or other of those numerous recruitment or employment agency websites anyway. Registering with them and providing a profile and CV is usually a prerequisite whilst making the application, unless an address or telephone number is provided, which is very rare these days.

Thereafter, regular visits to those websites, tweaks to profile as and when required, is all that is necessary for the claimant to comply with his/her obligations under the Act.

The claimant has thus created and is maintaining an online profile as the law requires without even thinking about UJM. Most of those sites also facilitate the direct application for the jobs they carry whereas UJM is merely a ‘middleman’. The necessity for the claimant to register with Government Gateway, UJM and the actual agency advertising the job is thereby eliminated. The need to go through 3 registration processes is reduced to 1. Surely a more efficient and effective, and less open to data loss, process.

It is also recognised by the DWP itself that other job search engines are a sufficient substitute for UJM:

www.whatdotheyknow.com/request/167039/re.../FOI%203016.pdf.html

"Whilst those claimants for whom it is reasonable will be required to register with Universal Jobmatch, the Department also recognises that there are other job sites on which profiles can be created and maintained for the purposes of work search activity.

Work search expectations will differ for each claimant depending on their individual circumstances and job goals and advisers will tailor requirements for each claimant."

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How to Counter Pressure to Register, Use, or Allow Access, to UJM 05 Apr 2018 17:04 #6836

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Counter Argument 2

It is all the more curious when it is evident that UJM does not meet the requirements of clause (d) at all. That clause requires; ’registering with an employment agency’?

Under ‘Standards of Behaviour for Jobseekers’ on its own site, UJM states that it is not an employment agency.

2.3 For the purposes of the Employment Agencies and Employment Business Regulations 2003 this Site operates as a venue only and does not introduce or supply work-seekers to recruiters (or vice versa).

The reasons put forward for the Government introducing UJM initially, back in 2012, was to encourage claimants to subscribe to an online process when claiming benefits, both unemployment benefit and in- work benefits, as part of the "Digital By Default" agenda. It would also be utilised to assist the DWP to formulate, manipulate and monitor claimant’s job seeking activities directly.

The idea that UJM was designed to assist, find or place a claimant into a job is for the fairies. UJM’s own website spells out in its “Standards of Behaviour for Jobseekers” the following:

jobsearch.direct.gov.uk/Account/StandardsOfBehaviour.aspx

2.2 This Site is provided for the purpose of providing information about employment and career opportunities and for recruitment by employers and business owners.

2.3 For the purposes of the Employment Agencies and Employment Business Regulations 2003 this Site operates as a venue only and does not introduce or supply work-seekers to recruiters (or vice versa).

2.4 Since this Site is only a venue you need to undertake appropriate checks to ensure both your suitability for the role advertised and of the role itself. For example, checking the identity of the recruiter and the nature of its business, the commencement date and duration of the position, the position to be filled, location, hours and risks to health and safety, experience, training, qualifications and authorisation which the recruiter considers necessary or are required by law or otherwise to undertake the position, whether any expenses are payable by you as a work-seeker or whether there are any requirements imposed by law or otherwise for you to satisfy before taking up a position.

So, there you have it, from the horse’s mouth as it were, UJM does ‘not introduce or supply work-seekers to recruiters (or vice versa)’.

It gives the lie to anything a work coach may tell you to the contrary.

If the UJM site was not a venue but did act as an employment agency as the work coaches would have us believe, then the above mentioned ‘Employment Agencies and Employment Business Regulations 2003’ would apply to it.

www.legislation.gov.uk/uksi/2003/3319/contents/made

What would that mean? It would mean that the following legal requirements would apply to UJM:

6.—(1) Neither an agency nor an employment business may (whether by the inclusion of a term in a contract with a relevant work-seeker or otherwise)—

(a) subject or threaten to subject a relevant work-seeker to any detriment on the ground that—

(i) the relevant work-seeker has terminated or given notice to terminate any contract between the work-seeker and the agency or employment business, or

(ii) in the case of an employment business, the relevant work-seeker has taken up or proposes to take up employment with any other person; or

(b) require the relevant work-seeker to notify the agency or the employment business, or any person with whom it is connected, of the identity of any future employer of the relevant work-seeker.

(2) For the avoidance of doubt, the following shall not constitute a detriment within the meaning of paragraph (1)(a)—

(a) the loss of any benefits to which the relevant work-seeker might have become entitled had he not terminated the contract;

(b) the recovery of losses incurred by an agency or employment business as a result of the failure of the relevant work-seeker to perform work he has agreed to perform; or

(c) a requirement in a contract with the agency or employment business for the workseeker to give a period of notice which is reasonable to terminate the contract.

(3) In this regulation, “relevant work-seeker” means any work-seeker other than, in the case of an employment business, a work-seeker who is or will be employed by the employment business under a contract of service or apprenticeship.

9.—(1) Neither an agency nor an employment business may, in relation to the introduction or supply of a work-seeker to a hirer, purport to the work-seeker to be acting as an agency and purport to the hirer to be acting as an employment business.

(2) Neither an agency nor an employment business may, in relation to the introduction or supply of a work-seeker to a hirer, purport to the work-seeker to be acting as an employment business and purport to the hirer to be acting as an agency.

If UJM did act as an employment agency it would be in breach of the ‘Employment Agencies and Employment Business Regulations 2003’ and it could not operate as it was originally intended, to snoop, entrap and facilitate the sanctioning of claimants.

If I understand Clause 9-(2) correctly, a work-coach is acting outside the law who purports to the work-seeker that UJM is acting as an employment business, and the work-seeker legitimately accepts this as fact and registers with, and uses, UJM on that basis.

If I, as a work-seeker, genuinely accepted and believed that UJM acted on my behalf in a similar way to Reed, Indeed, Concept, et-al, because I was told so by DWP, what recourse might I have when I realised that the ‘agency’ I was registered with was acting outside the Law?

So, if it does not even introduce, far less supply, work-seekers to recruiters what the hell are you doing when you click on ‘Apply’ for the jobs that they post, and then pour out your heart and your details. You are certainly not complying with S17(1) of the Welfare Reform Act 2012.

By registering on the UJM site you will be deemed to have accepted the ‘Standards’ contained in this ‘Statement’. You would do well to study them, some are very curious indeed. In fact, it could be argued that by adhering to the ‘Standards of Behaviour for Jobseekers’ you are guilty of being in contravention of the Welfare Reform Act itself, and more liable to a sanction than anything else sanctions are dished out for. Ironic or what?
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How to Counter Pressure to Register, Use, or Allow Access, to UJM 05 Apr 2018 17:08 #6837

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Counter Argument 3.

This is not just a counter argument; it’s a killer counter-blow and should be handled with care. Keep it to yourself unless you want the blood of thousands on your hands.

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How to Counter Pressure to Register, Use, or Allow Access, to UJM 05 Apr 2018 17:11 #6838

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Counter Argument 4.

Monster Worldwide Limited (Monster.co.uk) is delivering the UJM service on behalf of the DWP. The DWP is the data controller for the UJM service and is responsible for ensuring compliance with the Data Protection Act in relation to the service. Monster is the data holder in respect of the information held on the UJM service.

The DWP is able to share personal data held on UJM with Monster, for purposes connected with the Secretary of State’s functions in relation to employment and training and social security, under section 3 of the Social Security Act 1998, because Monster is the DWP’s service provider. It is not necessary for the DWP to obtain consent from Jobseekers in order to share their personal data with Monster, given that they have the powers in legislation.

The section and legislation preyed in aid here is:

3 Use of information

(1) Subsection (2) below applies to information relating to social security, child support or war pensions which is held—
(a) by the Secretary of State or the Northern Ireland Department; or
(b) by a person providing services to the Secretary of State or the Northern Ireland Department in connection with the provision of those services.

(2) Information to which this subsection applies—
(a) may be used for the purposes of, or for any purposes connected with, the exercise of functions in relation to social security, child support or war pensions; and
(b) may be supplied to, or to a person providing services to, the Secretary of State or the Northern Ireland Department for use for those purposes.


It is clear from this that the DWP/JCP may share with Monster/UJM any information for any purpose that that the Secretary of State deems necessary for the exercise of any of his/her functions with or without the consent of the Jobseeker/claimant.
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How to Counter Pressure to Register, Use, or Allow Access, to UJM 05 Apr 2018 17:12 #6839

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Counter Argument 5.

Cambridge Analytica is currently undergoing a government select committee enquiry in its shady underhand practices. It’s links to the higher echelons of the Tory party appears to be a cause for concern.

Monster’s UJM website is a similar sort of institution in the sense that it also is a venue for the collection, storage and dissemination of personal information.

The preferential treatment it got in gaining the DWP contract from a Tory government has also been the subject of concern and controversy ever since it was awarded.

The links below should put you in the picture and being aware of the shenanigans that appears to have gone on should make you wary of having anything to do with it:

www.whatdotheyknow.com/request/monster_universal_jobmatch_contr

www.whatdotheyknow.com/request/universal_jobmatch_procurement_f

intensiveactivity.wordpress.com/2014/02/12/universal-jobmatch-tender-scam/
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How to Counter Pressure to Register, Use, or Allow Access, to UJM 05 Apr 2018 17:15 #6840

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Counter Argument 6.

The right to privacy and data protection.

The disclaimer in the afore mentioned Standards of Behaviour for Jobseekers shows the disregard, contempt even, that UJM has for those concepts.

6.1 Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

6.2 While We make every effort to keep the Site up to date, We don’t:
a) provide any guarantees, conditions or warranties as to the accuracy of the information on the Site;
b) approve of any opinions of others using this Site.

6.3 If you rely on any of the information posted by other people using this Site you do so at your own risk.

6.4 We don’t accept liability for loss or damage incurred by users of the Site, whether direct, indirect or consequential, whether caused by tort, breach of contract or otherwise. This includes loss of:
- income, sales or revenue
- business
- profits or contracts
- anticipated savings
- corruption of data, information or software
- goodwill
- tangible property
or wasted management or office time in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it. This condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

6.5 Clause 6.4 above does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.


This flies in the face of Article 8 of The European Convention on Human Rights

ARTICLE 8
1. Everyone has the right to respect for his private and family life, his home and his correspondence.

2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.


It is not mandatory for a jobseeker to reveal his email address to the DWP. This is confirmed in this DWP FOI response:

www.whatdotheyknow.com/request/169236/re...%20response.pdf.html

“Providing a CV, email address or telephone number is not mandatory, therefore is not sanctionable.”

Creating a Government Gateway account and registering with UJM both require an email address to be provided and that email address is made available to the Jobcentre even if the jobseeker does not give permission to access his UJ account (as evidenced by the default method of locating a new UJ registrant’s account by their unique email account per the UJ Toolkit).

Therefore a jobseeker who does not wish to reveal his email address cannot be mandated to register with UJM.
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How to Counter Pressure to Register, Use, or Allow Access, to UJM 05 Apr 2018 17:18 #6841

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Counter Argument 7.

The enforced acceptance of cookies is illegal.

The DWP has attempted to subvert the Data Protection Act by accepting cookies on Internet access devices (IADs) in Jobcentres. This is illegal. The requirements Under EU Data Protection Regulations (Directive 95/46/EC) are unequivocal. Consent must be informed, explicit, specific and freely given (for both the subscriber and the user).

By accepting cookies on a jobseeker’s behalf on Jobcentre IADs the ability for the jobseeker (the user) to consent freely to their use is removed. I would point out that this is a matter of common sense if nothing else. It is the individual user of the UJM website (the jobseeker) who is affected by the use of cookies and not the DWP. Which particular machine or device they are accepted on is immaterial. It is the act of accepting the cookies that is salient and to which the user’s consent, freely given, must be explicitly obtained. Pre-accepted cookies clearly subvert that right.

Specifically, DIRECTIVE 2002/58/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 12 July 2002 in point (17) states:

“For the purposes of this Directive, consent of a user or subscriber, regardless of whether the latter is a natural or a legal person, should have the same meaning as the data subject’s consent as defined and further specified in Directive 95/46/EC. Consent may be given by any appropriate method enabling a freely given specific and informed indication of the user’s wishes, including by ticking a box when visiting an Internet website."

You will see that whereas the “subscriber or user” phrase can be misinterpreted, as the DWP have chosen to do because it benefits them, the above makes it clear it is the “user’s wishes” that are paramount.

The DWP are of the mistaken belief that the subscriber (the DWP) can accept cookies on a user’s behalf on the IADs. It is in your interest to know that because the IADs are reset after each user a new set of “clean” cookies is used for each new user. These cookies monitor a uniquely identifiable jobseeker using UJ (as evidenced, for example, by an adviser’s ability to monitor the log in times of a user even if that user has not given full access to his account). The cookies are therefore user based and not subscriber or, more generically, terminal based. For this reason the DWP must explicitly obtain the freely given consent of each user to accept cookies as per Directive 95/46/EC.

The protocol for obtaining consent from the jobseeker has not been followed because it enforces consent through threats of penalties, i.e. sanctions.

DWP definition of consent:

www.whatdotheyknow.com/request/copy_of_d...docu#incoming-225710

ICO on cookie consent:

www.ico.org.uk/for_organisations/privacy...mmunications/consent

6. It is not mandatory for a jobseeker to reveal his email address to the DWP. This is confirmed in this DWP FOI response:

www.whatdotheyknow.com/request/169236/re...%20response.pdf.html

“Providing a CV, email address or telephone number is not mandatory, therefore is not sanctionable.”

Creating a Government Gateway account and registering with UJM both require an email address to be provided and that email address is made available to the Jobcentre even if the jobseeker does not give permission to access his UJ account (as evidenced by the default method of locating a new UJ registrant’s account by their unique email account per the UJ Toolkit). Therefore a jobseeker who does not wish to reveal his email address cannot be mandated to register with UJM.
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How to Counter Pressure to Register, Use, or Allow Access, to UJM 05 Apr 2018 21:09 #6844

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If, having made your case to your coach, you continue to be harassed, you might try sending the manager of the Jobcentre you attend this sort of letter, amended to suit your particular circumstances and experiences, and attaching as many of the above counter arguments as you see fit..

From:
[Your Name]
[Your Address]
[Date]

To:
[JCP Manager - Name if known]
[JCP Address]

My NI Number:
Reference: Complaint about abusive treatment/harassment by adviser [Name if known]

Please be advised that I am hereby lodging a formal written complaint about the way in which I was treated by the coach delegated to interview me,[Name] on [Date] whilst attending the Jobcentre at [Address], for my regular signing-on appointment.

While discussing my job seeking activity and how I recorded it, s/he, the above named coach, became very irate with the way in which I presented it and loudly, threateningly, attempted to intimidate, coerce and threaten me with loss of benefit unless I agreed to log-in, use and allow him/her access to my UJM account. This, within sight and hearing of other claimants and staff. The way in which I have been carrying out my agreed activities is no longer acceptable s/he claims, although no objections have been raised thitherto.

I don't believe that there is any legislation that compels me to use Universal Jobmatch, or allow anyone access to it, if I choose not to do so. Neither do I believe the assertion, however threateningly conveyed, that the introduction of electronic signing or any other innovation is going to alter that. Instead of being lied to and threatened to use UJM I would appreciate honesty, notice and corroborative evidence of any changes and the legal compulsion that the coach claims exists.

The confrontational and threatening way in which the coach conducted the interview led to my having a nervous anxiety attack that left me in a frightful state. [Describe any adverse effects suffered where applicable]. By the time I got away I was on the verge of a breakdown and gasping for breath.

I would advise you as a manager, though it should not be necessary, to instruct your subordinates in the obligations and duties they are committed to discharge, and that they respect claimants’ right to human dignity, which is inviolable. It must be respected and protected. (Article 1. ECHR).

I would also remind you, though again it should not be necessary either, that the DWP's own guidance on Universal Jobmatch states specifically and clearly that having a UJM Account and/or giving Jobcentre staff access to it is not mandatory, nor is it a prerequisite to obtaining paid work, or more paid work, or better paid work. Perhaps your staff might demonstrate more competence in the performance of their functions if they were reminded of their duty to observe the DWP's own guidances and abide by the Civil Service Code of Conduct as per their Contract of Employment.

Should I be subjected to the same, or similar, treatment again I will use all the legal avenues available to me to pursue a charge of harassment, maladministration and/or malfeasance in public office against you and your subordinate,[Name], which, as you will be aware, carries a prison sentence.

I understand from DWP guidance that JCP is obliged to respond to my complaint within 15 day and that if a satisfactory response is not forthcoming I have the right to progress my grievances to the next level.

Yours faithfully,
[Signature]
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How to Counter Pressure to Register, Use, or Allow Access, to UJM 07 Apr 2018 11:41 #6879

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Counter arguments excellent stuff BB; as is your letter. :) .

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How to Counter Pressure to Register, Use, or Allow Access, to UJM 07 Apr 2018 17:17 #6883

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Wish I had a printer to take a copy of your letter BB but will hand-write it out! Editing it for our own needs is something we can do and a vital piece of kit for anyone feeling bullied or coerced.
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How to Counter Pressure to Register, Use, or Allow Access, to UJM 07 Apr 2018 23:44 #6887

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comply or die wrote:
Wish I had a printer to take a copy of your letter BB but will hand-write it out! Editing it for our own needs is something we can do and a vital piece of kit for anyone feeling bullied or coerced.
You could get one of those memory sticks, they're cheap enough. Then take it to library or someplace where printers are available to print it off for you. If you know someone with a printer, even better.
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How to Counter Pressure to Register, Use, or Allow Access, to UJM 08 Apr 2018 09:07 #6891

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I do have two memory stick BB. So do I just highlight all of the text in the above letter, right click (to copy) and then paste it onto the E: drive? That would be the simplest way to save it.
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How to Counter Pressure to Register, Use, or Allow Access, to UJM 08 Apr 2018 09:57 #6895

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Just tried the highlight/copy & paste but the letter is too long and when highlighting, it stops half way down the page and won`t extend.
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How to Counter Pressure to Register, Use, or Allow Access, to UJM 08 Apr 2018 10:11 #6899

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Hi Comply , just hold mouse down to select/highlight all and then choose copy ,then paste into word or text doc.

Depending on how your mouse is configured try holding down left click and drag mouse over all text,take finger off,then right click, choose copy and then paste into separate document.

If the above dosent work let me know via email and i will send you a word doc or pdf of it ? :)



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How to Counter Pressure to Register, Use, or Allow Access, to UJM 08 Apr 2018 12:39 #6904

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jobber - I dragged the curson down the page and highlighted all the text in the letter.It was slow but worked after a few attempts. Copied it to word pad and then saved it as a rich text document (rtd) I`ve yet to get my head around the different types of saving under .doc or .docx etc....

However, I have managed to save and name a copy of BB`s excellent complaint letter. Hopefully I won`t ever need to use it but good to have a copy. Thanks BB. B) And thanks jobber for the reminder about saving things! I don`t do it often enough and forget!
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How to Counter Pressure to Register, Use, or Allow Access, to UJM 10 Apr 2018 23:54 #6946

Anyone upload copy of how Jobcentre reply to arguments and template letter above?

When given a Jobmatch Jobseeker Direction I can just ignore it and be free of sanctions by using this letter and the arguments?
www.whatdotheyknow.com/request/474231/response/1140139/attach/html/3/IR%20197%20reply.pdf.html

Captcha input code quite strange
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How to Counter Pressure to Register, Use, or Allow Access, to UJM 12 Apr 2018 15:54 #6966

Any evidence for this

" (as evidenced, for example, by an adviser’s ability to monitor the log in times
of a user even if that user has not given full access to his account)"?
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How to Counter Pressure to Register, Use, or Allow Access, to UJM 12 Apr 2018 15:57 #6967

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How to Counter Pressure to Register, Use, or Allow Access, to UJM 12 Apr 2018 19:26 #6985

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wtf i sent mine off :angry:
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