Dear Sir,
I am taking part on the New Deal 25+
program provided by Pertemps People Development Group (PPDG) in
Throughout
the 10 weeks that I have been there I have become very interested in the terms
under which they are undertaking business. Unfortunately I am at a disadvantage
because so far I have been unable to find a copy of the contract between the Department
for Work and Pensions and Pertemps People Development Group Ltd. Something that
I have been able to find is the terms and conditions under which new deal
providers are to conduct business. You may or not be familiar with these, but
here are extracts from them in case you need reminding of their obligations.
PART 7 – WARRANTIES AND LIABILITY
13 Warranties
13.1The Provider warrants and represents to Jobcentre Plus that:
13.1.1 any goods supplied by the Provider pursuant to the delivery of any part of the Programme(s) shall be of satisfactory quality and fit for their purpose and shall be free from defects in design, material and workmanship [and that any software and/or firmware supplied by it and/or used by it to provide the Programme will be Euro Compliant;
In
other words, if the provider doesn’t comply with the above, they are breaching the
contract. It is the duty of the DWP to undertake quality control and to ensure
that the terms of the contract and needs of New Deal clients are met. The
following information about default might be useful if you need a reminder.
14.1 The Parties acknowledge and agree that the Programme(s) is/are to be provided in the spirit of co-operation. Each Party shall do all things reasonably necessary to co-operate, aid and assist the other in its performance of its obligations under this Contract.
14.2For the purposes of this Clause Error! Reference source not found. the following terms shall have the meanings set out below:
14.2.1 “Minor Breach” shall mean a delay or non-performance by the Provider of its obligations hereunder which does not materially, adversely and substantially affect the performance or delivery of the Programme;
14.2.2 “Serious Breach” shall mean
14.2.2.1 any breach or a series of Minor Breaches by the Provider of its obligations hereunder which adversely, materially and substantially affects the performance or delivery of the Programme(s) (or adversely affects the health and safety of staff or Participants); or
14.2.2.2 a Minor Breach of a specific obligation in respect of which Jobcentre Plus has served two consecutive Notices under Clause 14.4.1 concerning the same or similar circumstances from where the Provider has failed to remedy that breach under Clause 14.4.2.
14.3 Any one instance of failure by the Provider to meet any general or specific performance targets set pursuant to Clause Error! Reference source not found. shall constitute Minor Breach whilst repeated or continual failure to meet such performance targets shall constitute Serious Breach.
14.4 In the event of a Minor Breach Jobcentre Plus will adopt the following procedure:
14.4.2 within 5 Working Days of receipt of notification under Clause 14.4.1 above, the Provider Manager shall meet with the Contract Manager to discuss why the breach has occurred and how it will be remedied. The Provider shall have a reasonable period (such period to be agreed, and in the absence of agreement to be no longer than 28 days) following such meeting to remedy the breach. Notwithstanding any other remedy under this Contract Jobcentre Plus shall be entitled to require the Provider to promptly re-perform or replace the relevant part of the Programme without additional charge to Jobcentre Plus.
14.5 In the event of a Serious Breach, the Parties shall adopt the following procedure:
14.5.2 upon receiving notification under Clause 14.5.1 above, the Provider Manager shall meet with the Contract Manager forthwith to determine and agree in good faith and acting reasonably whether a contingency plan is available to deal with the Serious Breach. In the event that a contingency plan is activated, the Provider shall reimburse Jobcentre Plus in respect of any costs incurred by Jobcentre Plus in activating the same (as set out in the contingency plan) provided that Jobcentre Plus shall do all things to mitigate such costs including by using the resources of the Provider as appropriate. In the event that a contingency plan is not available the Provider shall within 5 Working Days (i) provide to Jobcentre Plus a plan that, to Jobcentre Plus' reasonable satisfaction, will when implemented resolve the breach; or (ii) remedy the breach itself;
14.5.3 In the event that (i) the Provider fails to meet any required action in a contingency plan or (ii) in the event that a contingency plan is not available and the Provider does not present a satisfactory alternative plan Clause Error! Reference source not found. shall apply and/or at any time thereafter Jobcentre Plus shall be entitled, at its discretion, to serve 28 days notice on the Provider of its intention to terminate the relevant Programme in respect of which the aforesaid breach has occurred or to terminate the Contract as a whole.
Although I
haven’t seen your (you are Secretary of State for DWP, which I think means
you’re the boss, right?) contract with PPDG, I imagine there are some
similarities in core elements between those of different providers across the
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DISTRICT: |
Anonymous |
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ANTICIPATED CONTRACT COMMENCEMENT DATE: |
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Provision Name: |
GATEWAY TO WORK & NEW DEAL OCCUPATIONAL SECTOR TRAINING NEW DEAL FOR YOUNG
PEOPLE (NDYP) ·
GATEWAY
TO WORK (GtW) ·
FULL
TIME AND EDUCATION TRAINING (FTET) ·
VOLUNTARY
SECTOR (VS) ·
ENVIRONMENT
TASK FORCE (ETF) NEW DEAL 25+
(ND25+) ·
INTENSIVE
ACTIVITY PERIOD (IAP) |
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Main Aims & Objectives: |
The overarching aim
of the Provision is to enable participants to acquire the Life Skills,
Knowledge and Motivation via an initial 2-week Gateway to Work course, to
immediately increase the prospects of gaining a job. Following the
Gateway period, if the participant has still not acquired a job, they will
attend a New Deal option, which will build on GtW
course and further equip participants with skills, knowledge and motivation
to enable them to successfully secure and retain a job. The outcome will be, participants are able to demonstrate to potential
employers that they are capable of undertaking and sustaining paid work. The Prime Provider
will deliver and or source via highly skilled and motivated sub-contractors a
two week Gateway to Work Course in line with Jobcentre Plus National
Specification that will: ·
Increase
the numbers of participants moving from the Gateway into jobs, and improve
the immediate job prospects of all other participants; ·
Increase
employability by developing effective workplace behaviours,
attitudes and soft skills i.e. the qualities, attitudes and behaviours employers look for in potential recruits; ·
Enable
participants who do not find jobs to be better prepared to make an
appropriate choice of New Deal Options/Intensive Activity period (IAP); Better prepare them
to benefit to the maximum extent from the New Deal option/IAP once they take
it up The Prime Provider
will deliver or source, via sub-contractors, sector based training and
qualifications that will ·
meet
the ongoing recruitment needs of local employers and respond to new
developments in the labour market, ·
move
participants into employment as quickly as possible ·
work
extensively with a wide range of employers to develop employer led courses
and routeways ·
equip
participants by working extensively with them to achieve the necessary soft
and personal skills required to gain and sustain employment ·
ensure a range of
tailored quality work placements across all occupational sectors are
available to all participants. Because of the
geography and variety of occupational areas encompassed within ************
District, innovative delivery of service will be required. Occupational SectorsProvision is required to cover the following occupational sectors: – Retail &
Customer Service (includes warehousing & fork lift) Hospitality Manufacturing Engineering
(including engineering IT) TransportBusiness &
Finance (including general IT) Public Sector Health Care
(including Childcare -Nursery, Childminding and Leisure, Sport
& Tourism Construction Agriculture Management and Professional
Media & Design Hair & Beauty We also require miscellaneous provision, not specifically listed, to be sourced on an ad-hoc basis to meet sector specific employer led demands, addressing identified skill shortages and responding to new developments in the labour market. |
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Participant Groups / Eligibility: Please give some local labour market background information on the either the
District or location of the provision |
Customer Groups
·
NDYP (GtW, FTET,VS and
ESF) ·
ND25+ (IAP) ·
All other eligible New Deal
Participants Some participants
for whom English is not their first language may require additional support. Some customers may be eligible for early entry.
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Performance |
Essential |
Added value |
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Performance Target: |
50% of all leavers
from Gateway to Work Course will move directly into employment 60% of all leavers
from Full Time Education and Training(FTET), Voluntary Sector, Environment
Task Force and IAP will move directly into employment 75% of all FTET
& IAP Training participants will achieve a qualification as agreed by New Deal Personal Advisor via an
Individual Learning Plan 80% of all those
gaining employment will be sustained in
employment for a period of at least 13 weeks |
Ö Ö Ö Ö |
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If it is, I
have major concerns regarding whether they are meeting both the requirements of
the contract and the needs of both myself and other New Deal clients. Default
appears to have already taken place.
There is
supposed to be a wide range of quality work placements across all occupational
sectors available to all participants? Nothing remotely resembling this has
happened during the time I have been on the course. I consider myself to be a
very versatile person and as such I have provided PPDG Kidderminster with a
variety of occupational areas in which to place me. They have failed. In
practice, if you do not want to undertake a placement at a charity called the
Network Worcestershire, or accept one there for some time but then find it to
be unsuitable, you end up being in a situation where you are allocated to do
job search at the PPDG Kidderminster office 5 days per week, something that I
have been doing myself for 3 weeks. Job search is something that you have to do
in order to obtain Jobseeker’s Allowance anyway without paying PPDG to provide
an office with a pitifully inadequate number of computers in which to do it.
The purpose of going into the office is to provide the necessary paperwork for PPDG
when auditing takes place to secure their payments, not my training provision. Perhaps
this in itself represents another incident of default?
Today I
have been offered a work placement at the PPDG Kidderminster office itself. I
assume this was an act of last resort i.e. an open admission that the company
is unable to provide quality and diversity of placements with employers by
having to arrange a placement in its own office. I have accepted this, even
though it is not among the work assignments I requested. However, I once again
consider this to be a possible act of default by PPDG.
When I
attempted to discuss the subject with staff member Keeley,
she said to me “I’m not going to argue with you about it”. Why does she
consider someone who shows an interest in what they are doing and therefore asks
salient questions to be attempting to “argue”? She displayed a very aggressive
and negative attitude towards me, and seems to either lack the ability or
willingness to engage in conversation, which has a detrimental effect on her
capabilities at fulfilling her role.
Is the
situation really one where the New Deal provider is in fact unable to provide
suitable work placements and training for clients on the course? If it is, how
did they obtain a contract to provide work that they cannot deliver? How can such
an allocation of public money be justified? You might like to chat to Colin
Birchall about that because I will be asking him the same questions.
Besides the
fact that the New Deal programme I am being provided with at the taxpayer’s
expense doesn’t appear to be fit for its purpose, there are other ways in which
I am disadvantaged by being placed on it.
For example, I am interested in becoming an Electrician. Conveniently, I
can study for the necessary qualifications at several local colleges. These colleges waive the fees, which are very
expensive and completely out of my reach, for unemployed candidates.
Unfortunately, I no longer qualify as I am not strictly speaking unemployed
whilst on the New Deal program. Of
course that definition is highly inaccurate, according to my own criteria I am
very much unemployed. Do you think that
is an effective use of public money to pay for me to miss the opportunity to
obtain genuinely useful vocational qualifications? If you do, please respond to
me explaining why. I have been put into a position whereby instead of being two
weeks into qualifying to be an Electrician, I must wait until the next course
starts.
I have been
informed by staff at PPDG Kidderminster that this course is costing the
taxpayer £3900 per person per 13 weeks. I have been unable to verify that this
is accurate via any documentation, but I am happy to assume that it is correct
in its absence. That is approximately
double what I receive annually in Jobseeker’s Allowance. Do you think that is
perhaps a little unbalanced? I have contract with you too, known as the
Jobseeker’s Agreement, the terms of which I have met. Is my reward for meeting
those terms really to be paid a fraction of what PPDG are paid?
I am also
in the process of writing to Colin Birchall, the Chief Executive of PPDG about
my observations and experiences. May I be provided with, or directed to where I
can obtain, a copy of the contract under which PPDG are operating as a New Deal
25+ provider in
Yours
faithfully,