Employment Officers

Section 19(10) of the Jobseeker’s Act 1995 defines an “employment officer” as follows:

(10)In this section—

(a)“employment officer” means an officer of the Secretary of State or such other person as may be designated for the purposes of this section by an order made by the Secretary of State;

Does anyone know of any “order made by the Secretary of State” which designates “other person[s]” (ie people who do not work for the DWP and so are not “officer[s] of the Secretary of State”) as employment officers?

It becomes quite relevant when you have to consider the automatic good cause for failng to attend an employment programme etc in Reg 73(2A)(b) of the JSA Regs (eg whether the person has been sent written notice of the requirement to attend etc. by an employment officer).

Thanks.

Martin.

While I dont know any “order made by the Secretary of State” which designates “other person[s]” (ie people who do not work for the DWP and so are not “officer[s] of the Secretary of State”) as employment officers, I think maybe this refers to the EOs who work for A4e and Remploy and other providers of the Work Programme.

Yes It becomes quite relevant when you have to consider good cause for failng to attend an employment programme and, in case it helps, I wrote on the thread at http://www.rightsnet.org.uk/forums/viewthread/1516/P15/#5905 that I asked about sanctions at the DWP stakeholder forum on 31 May 2011 and a week later at a conference by Westminster Briefing. I learned that Jobcentre Plus advisers, not Work Programme providers, must decide on sanctions (tho in many cases they’ll no doubt rubber stamp recommendations from the latter).

Right,

As far as I can see then there is no order or other legislation designating people other than those employed by the DWP as employment officers.

That being the case I am struggling to work out how the automatic good cause in Reg 73(2)(c) does not apply when claimant only invitation to the interview comes from the contractor in FND cases.

I am certain there must be an order somewhere but I just can’t find it. Anyone help?

Martin

I haven’t been able to find an order either.  In the absence of one I think you’re right about the implications.  Good spot.

“Employment officer” for Reg 73 purposes also appears to be defined by Reg 4 JSA Regs, although I agree that section 19(10) would seem more appropriate for defining it.  However, Reg 4, by referring to section 9 Jobseekers Act, defines it in identical terms anyway. 

However (and sorry if you know this already), section 32(3) Welfare Reform Act 2009 provides:

“(3)  In each of the following provisions [of the Jobseekers Act] for “employment officer” substitute
“officer of the Secretary of State”–

…
(b)  section 9(1), (5), (6) and (7)(b),
….
(e)  section 19(5)(b)(ii), (6)(c) and (10)(b) (as the section has effect before
its substitution by paragraph 6 of Schedule 1 to this Act), “

Para 6 of Sch 1[replacing sections 19 and 20 Jobseekers Act] is, clearly, not operative yet.

Section 32(3) above has not commenced either as confirmed by the Explanatory note of SI 2010/293.

The parts of the new section 20E to the Jobseekers Act 1995 allowing contracting out arrangements have produced new regulations for that purpose (SI 2011/917 and 2011/688) but they are in respect of the employment skills and enterprise scheme and mandatory work related activity, not Flexible New Deal.

Incidentally, in a provision like the following reg 18 of SI 2011/917, I’m wondering is any further action by the SOS necessary, other than having a contract between itself and the provider, to “authorise” a contracted-out provider?:

18.—(1) Any function of the Secretary of State specified in paragraph (2) may be exercised by, or by employees of, such person (if any) as may be authorised by the Secretary of State.
(2) The functions are any function under—
(a)regulation 4 (requirement to participate and notification);
……”