Extracts from the adviser guidance (England) for sector-based work
academies – extracts referring to discretion in referring claimants to the
scheme. 10th January 2014.
Policy Intent
1. sbwa (sector-based work academies ), were launched in England in August 2011 and
are part of the package of Get Britain Working measures that can be used by
Jobcentre Plus to help individuals into work.
2. sbwa are designed to support JSA and ESA (WRAG) customers who are close to the
labour market but who have been unable to find work to move into sustained
employment in a demand sector with the further aim of supporting employers in those
sectors to fill their vacancies more efficiently.
3. sbwa are available to JSA and ESA(WRAG) claimants aged 18 or over from day 1 of
their claim.
4. Detailed design of sbwa will not be fully prescribed from the centre but will last for a
maximum of six weeks and will usually consist of:
pre-employment training (PET) of:
work experience placement (WEP); and
guaranteed job interview(GJI) with an employer in the sector or support with an
employer’s recruitment processes.
5. In exceptional circumstances where the employer is unable to offer a GJI due to their
recruitment processes, the sbwa can consist of PET and WEP only. In these cases,
support will have been built into the sbwa, to help the claimant with the employer’s
recruitment processes.
6. With the exception of the GJI, which cannot be held before the PET, the elements can
run in any order or be blended depending upon employer needs.
7. Claimants will remain on benefit throughout the sbwa
8. It is expected that claimants will only complete one sbwa, however there may be
occasions when a claimant re-engage or participate in a further sbwa.
9. The decision for a claimant to participate in a sbwa is voluntary (Jobseeker’s Directions
should not be used) but:
once a JSA claimant has been formally referred to the sbwa, participation in PET
and GJI becomes mandatory (see note on exception to mandation to GJI)
All sbwa must contain a WEP and claimants should be encouraged to attend.
Claimants will not be sanctioned for non-participation in WEP, however, JSA
claimants will be told that they can be sanctioned if they fail to maintain basic
standards of good behaviour at any time during their participation in sbwa, including
the work experience element. It has been agreed with Ministers that, in respect of
the WEP, it is only if the claimant loses the placement due to his/her gross misconduct
that a sanction may be imposed. See guidance in DMG Memo 28/12.
once an ESA(WRAG) claimant has been referred to sbwa, participation in PET
becomes mandatory. For ESA (WRAG) claimants, participation at the WEP and GJI
is voluntary.
ESA (WRAG) claimants who are in receipt of National Insurance Credits only, lone
parents responsible for a child under 5 and not yet at school or full-time carers
cannot be mandated Work-Related Activity. All 3 elements of sbwa must remain on
a voluntary basis for these claimants.
10. sbwa participants can undertake training of up to 30 hours a week. Those participating
in training of 16-30 hours a week are not required to be actively seeking or available for
work. However, policy intent is that claimants should still attend JR to show they are
taking steps towards gaining employment. The rules for attending an Employment
Related Course do not apply here which allows these claimants to do more than 2
weeks full-time training in any 52 weeks whilst participating in sbwa.
Identification of Suitable, Eligible Claimants
11. It is imperative that only suitable and eligible claimants are referred to a sbwa. Suitable
claimants will:
not have significant needs relating to numeracy, literacy or general employability
skills.
be close to the labour market but would benefit from a short training intervention
and a work experience placement to support them in finding work in a demand
sector.
be interested in a role in the sector.
have the aptitude/suitability for the role/sector.
be available for all three elements of sbwa – PET, WEP and GJI.
12. Adviser discretion should be used to make decisions about the timing of sbwa referrals.
Early access to skills training should be appropriately targeted, to avoid referring those
who are likely to obtain a job without that intervention. Normal rules on deferral to the
Work Programme should be followed – it is likely that claimants referred to sbwa will be
expected to gain employment within the 3 months deferral period.
13. advisers should not refer Work Programme claimants to sbwa. There may be
exceptional circumstances where sbwa may be open to Work Programme providers
but this would be after invitation from the District Manager and any identification and
referral of WP claimants would be made by the Work Programme provider.
14. Where a claimant is already on ESF provision, advisers can refer eligible claimants
close to the labour market to sbwa where they consider sbwa will give them a greater
chance of securing employment. Advisers should take into account whether the ESF
provider is already offering the same type of support and avoid duplication.
15. To assist in selection of the most suitable claimants, advisers should use
information on the District Provision Tool (DPT) and LMS opportunity which will give
details of what behaviours/skills the employer is expecting of participants.
previous employment history (consider transferable skills)
Knowledge
Hub
Customer Assessment Tool
Checklists in Sector Employability Toolkits
Caseload conferencing
16. Give the claimant full details of the sbwa. This should include as much information as
possible about the course, the employer, the role etc. The customer must be given full
information about the sbwa to ensure they can make an informed decision about taking
part, especially as there are mandatory elements once the claimant has agreed to
participate. Employer and Partnership teams should provide this information as part of
the details on LMS/DPT or may also hold an sbwa open day.
Initial discussions with the claimant
17. Give the claimant full details of the sbwa. This should include as much information as
possible about the course, the employer, the role etc. The customer must be given full
information about the sbwa to ensure they can make an informed decision about taking
part, especially as there are mandatory elements once the claimant has agreed to
participate. Employer and Partnership teams should provide this information as part of
the details on LMS/DPT or may also hold an sbwa open day.
18. Where the sbwa is in the care sector and the information provided shows that a DBS
check (previously known as CRB) is not required to participate in sbwa, advisers must
make it clear that to take up a job in the sector, claimants will still be required to
undertake a DBS check.
19. Explain the benefits of taking part in the sbwa, for example:
Improve their job prospects
Give them the skills and behaviours employers want from people entering a job in a
specific sector
Allow them to undertake units towards a qualification
Gain work experience
Build their confidence
Add to their CV
Give an employer chance to see how well they can work
Travel, childcare, and replacement care costs will be met.
A Guaranteed Job Interview for an existing vacancy will be offered
Claimant’s benefit will not be affected whilst participating in sbwa
20. It is imperative that it is explained to the claimant that once they decide to participate
and they receive written notice detailing what is required by way of participation in the
sbwa, which will be mandatory and sanctions will apply if they do not complete: (for
guidance on sanctions please see DMG Chapter 34, 34771 et seq)
for JSA claimants – PET and GJI (unless it is an exception to mandation).
for JSA claimants – WEP only if they have been dismissed for gross misconduct. See
guidance on gross misconduct in DMG Memo 28/12.
for ESA (WRAG) claimants – only PET
ESA (WRAG) claimants who are in receipt of National Insurance Credits only, lone
parents responsible for a child under 5 and not yet at school or full-time carers
cannot be mandated Work-Related Activity. All 3 elements of sbwa must remain on
a voluntary basis for these claimants.
21. Jobseeker’s Direction must not be used when referring claimants to participate in sbwa
as participation in a sbwa is voluntary until the claimant agrees to participate .
However advisers have the flexibility to consider using a Jobseeker's Direction to refer
a claimant to whatever selection process (open day/information session) is being
utilised for the sbwa where they feel that this is appropriate.
22. It is also imperative that the claimant is made aware of how sanctions will affect them.
23. It should be made clear to claimants that they are required to maintain basic standards
of good behaviour during sbwa.
24. If the claimant is interested in taking part, where appropriate, arrange a discussion
between the claimant and the provider and/or employer to
allow the provider to assess suitability; and
to give the claimant the opportunity to decide whether to participate.
Note: meeting the provider at this stage does not count as a referral to sbwa. Once the
claimant has agreed to participate in sbwa, the referral is counted from this point and
relevant elements of the sbwa become mandatory.
25. If the provider/employer does not feel the claimant is suitable, obtain feedback, discuss
this with claimant and consider alternative provision/support.
26. There is no expectation that all potential sbwa participants will speak to an employer,
although where an employer has agreed to discuss the content of the sbwa with
claimants, it should be accommodated wherever possible.
27. Where an employer wants to speak to a claimant, it will be outlined in the sbwa LMS
opportunity and in the DPT information.
28. sbwa should not be confused with work experience opportunities or Work Trials.
Differences between sbwa, work experience and Work Trials.