JobPath/Seetec/People1st – Breaking The European Convention on human rights.
Note: “People1st” are a front for the private company “Seetec”.
I am on the JobPath program which is contracted to Seetec Employment and Skills Ireland. People1st run JobPath in Donegal. This is my second time on JobPath. I have no issue with the assigned employment adviser that I had the first time I attended JobPath nor do I have any issue with my current assigned employment adviser. I am happy to receive whatever help I can get in helping me find employment. What I do have an issue with is the way senior staff members deal with their clients while on JobPath!
To explain, I have to go back to the beginning of when I first was referred to JobPath. I first started JobPath in August 2016. I had previously written a public blog about my experience of being on JobPath. On November 2016, I was called into a room in the People1st building in Letterkenny by a senior member of staff who told me his name was Ted Hati* and there, also was a receptionist present who wrote down everything that was said. I was told by Ted Hati* that they were aware of a blog about JobPath and that they knew I was the person who had posted on it. Ted Hati* said that there was a photo taken from inside of the People1st building, that it was posted on the blog and that there was another client in the photo, that this was a private building and that I did not have permission to take photos. It was also said that I was in breach of data protection and that the blog had to be taken down or they would take it further.
In February 2017 I was called once again into a room, accompanied by another senior member of staff from People1st. There was also some woman in her 50's who I never seen before or seen since, present - and I assumed it was someone from Seetec. I was told that the previous blog and photo had been taken down but that they were aware of another blog (my current one) and that it had to come down. If it wasn't taken down, they would again deal with the matter legally!
Then one Friday in May 2017 I was called into the office by senior staff member Ted Hati*. My employment adviser at that time, was also present during this meeting. A few weeks before that I had applied to a job as an employment adviser in the People1st building and had sent my CV to the job ad on a job website when I was doing my job searching. He said he was surprised that I had applied for the job and that he was taken aback when he seen my name on the CV.
He said that he only looked at my CV for five seconds before he had thrown it to the side.
He then continued to run down my CV and belittle me in front of my employment adviser who was sitting beside me and who looked very uncomfortable on what was being said to me. Ted Hati* keep saying said he had only looked at my CV for five seconds and asked me did I not learn anything at the gateway CV course? He then said he would show me a successful CV and preceded to open a metal filing cabinet, took out a CV and said this is one that was successful. He did cover up the name and personal details of the persons CV but showed me the rest of it.
My employment adviser did ask me why I didn't tell her that I had applied for the job, as if she knew I was interested in it, she would have helped me in replying to it. I told her that I had it written down on the job searching sheet she had given me. I took the sheet out of my pocket and showed her where I had written it down as well as the other jobs I had applied for. I said to her that she would have seen it on the sheet at the following meeting.
After all that was said, Ted Hati* then started on about the blog again. He said that the blog had to be removed and that he would check on Sunday night that it was removed. If the blog was not taken down by the Monday, he would report me to the Department of Social Protection as supposed non-engagement.
I would like to point out that I have always engaged with the JobPath program while on it. I have always attended my meetings with my employment adviser and attended my job searching every week, as well as applying for jobs.
Writing a blog about being on JobPath does not count as “non-engagement”.
The following week when I was in the People1st building to do my job searching, after five minutes I was told by Ted Hati* to close everything down on the computer that I was on. I was once again made go into a room by Ted Hati*. There too was another senior member of staff present. Ted Hati* informed me that he had checked on the Monday morning - and that the blog was still up that he had told me to remove. As the blog was still up, they had reported me as a “non-engagement” and that the Department of Social Protection would be in contact with me to discuss how I was interacting with the programme.
He said to me that if I removed the blog I could engage with the programme but while the blog remains up I would not be engaging with the JobPath programme. He told me that the Department of Social Protection would decide the terms of non-engagement and whether to apply a penalty rate but that was their decision. He told me they more than likely will start applying a penalty rate to me. Ted Hati* said to me “We know it’s your blog” and added that he had given me an opportunity to take it down on Sunday night. He also said that there was a lot of fake news on the blog.
I was then told off, that I was not allowed to enter the People1st building while I was a “non-engagement”. I was told that once I had a word with the Department of Social Protection and they were happy that I was willing to engage - and to take down the blog, that I would be asked to report back to People1st. Until that happened, I was not to come into the People1st building.
Ted Hati* then told me I was to sign out of the People1st building and only to return to the premises when the blog was taken down. While I was at reception signing out, he was already standing at the door with the door fully open until I had left the premises.
After all this had happened and I had left the People1st building, I immediately went my local social welfare office and informed them of what had just occurred. They told me to write out a statement which I did, and I signed it. They photocopied the statement I had written and handed me back the one I wrote. I never heard a thing back from either social welfare or People1st after that.
Every single day after being told by Ted Hati* from People1st that I was going to have a penalty rate applied to my social welfare, I was waiting on a letter to come in the post to tell me my social welfare was being cut. I was left not knowing if it would be cut or not until I went to the post office every week to collect it.
The Department of Social Protection would not have been able to class me as an “non-engagement” as I had in fact, fully engaged with the JobPath programme as legally required under the Social Welfare Act 2005/2010. Writing a blog about being on JobPath does not count as non-engagement and nowhere in those acts are state censorship rules present. People1st was clearly inventing law.
…But that is how Seetec work. They try and scare, then use bullying tactics when they don't get their own way. They thought I was going to panic about getting my social welfare cut and that I would delete the blog. However, when I didn't, they said they had reported me to Department of Social Protection as an “non-engagement”. Again, making up their own legal legislation on the spot.
On June 2018 I got a letter out informing me I had to attend a group session in the People1st building in Letterkenny for JobPath. On the day of the group session, after it was over, I was waiting in reception to be called so I could be told when my first appointment would be with a new employment adviser (you get a different employment adviser to the one you had, if you are put on JobPath for a second time). Ted Hati* was present - and told me he wanted a quick word with me.
He told me that the blog was still activate. He had said that I already posted on the blog and that I was in breach of data protection. He informed me “that won't be happening” as he had told me the last time. He kept saying I was in breach of data protection and was telling me how new GDPR rules had come in this year.
- Let me be clear at this point. I was not sharing anyone’s personal data in any way. No names, addresses, etc. I was only describing my experience of JobPath setup in real-time operation.
He said to me that I would be on their programme and that I would be met in a private room that I would not have access to the rest of the People1st building or other clients. I was to be isolated. His reason for this was that, he said, I had previous taken a photo of the inside of the centre with another client in the picture without his permission - and that was not happening this time. I would be put into a private room with my employment adviser at all times. I was to be ostracised.
He told me they would be watching the blog and social media. If I made a comment about him or his staff - or questioned their professional integrity in any way, that I was going to court - that they would take out a private civil prosecution against me and that they would win!
He said to me “I hope you have the money to pay for it”.
Ted Hati* told me “You have been warned!” and that If I made any comment about any of the JobPath staff or People1st staff in any public media that the public can access through social media, they would go after me with a civil prosecution. He said to me that I had obviously not found work since I was last on JobPath. Well obviously, they never got me work the last time I was on JobPath. I wouldn’t be back with them if I had, would I?
As I am yet again pressganged into it for a second time, I still haven't gained work though their methods of operation (in my case, bullying, tried to be silenced, ostracised…).
Ted Hati* said to me “Do I make myself clear!”
I would also like to point out that the toilets in the People1st building are in the part of the building I was told I wouldn’t have any access to.
It never was mentioned to me by either Ted Hati* or any other member staff that I would have access to the toilet if I needed to use it while on the People1st premises.
When I first started JobPath in 2016 all of my meetings with my employment adviser were conducted in an open room with no privacy whatsoever as I have already mentioned a number of times on my blog, which I have been very critical of.
However, in January 2017 they had a notice on all of the employment advisers’ desks saying private rooms were available upon request which was a result of I mentioning it on my blog. On my second time on JobPath I was going to ask, whoever my employment adviser was at my first meeting with them, could I have the meeting where we discuss personal matters, in a private room. I never got to make this choice when I was back on JobPath in 2018. That choice was made for me by Ted Hati* in People1st which is discrimination.
On my second time on JobPath I declined to sign the Personal Progress Plan (PPP) which is my legal right. I said “I am declining to sign the personal progression plan but I am absolutely fully willing to engage otherwise as legally required, taking into account conditions are not discriminatory against myself”.
The Department of Social Protection has stated on record in the Dublin High Court on 19th October 2017 that not signing a Personal Progress Plan (PPP) does not constitute non-engagement. This was later re-confirmed on the 8th of March and 8th of May in the Dail during TD committee meetings.
The first time I was on JobPath in 2016 after I had signed the Personal Progress Plan, I got a letter out about a week later from the Department of Social Protection informing me I didn't have to sign on again until September 2017. I thought this time I would have got my money cut or reduced for not signing the PPP but I didn't. Instead I got the same later out from the Department of Social Protection that I got in 2016 telling me I did not have to sign on again until July 2019. I contacted the local Intro office and asked them why I had got the letter. The woman I spoke with, told me I got it because I had signed the Personal Progress Plan. I told her I didn't sign it. I told her clearly that I had declined to sign it and that I had a copy of the PPP to prove I never signed it. She asked me why I didn't sign it and I told her because it was signing a contract with a private company, all she said was"You'll have to speak to People1st about that".
Mr. John McKeon Secretary General Department of Employment Affairs and Social Protection Joint Committee on Employment Affairs and Social Protection Joint Committee debate 2018:
"We ask all jobseekers to sign the personal progression plan as a means of ensuring that it is an agreed document. The customer signature is also an important control feature in determining whether registration fees are due to be paid under the JobPath contracts"
"We would prefer them to sign it. If they do not, we push them for a very good reason and strongly encourage them to sign."
"It is important that they both sign up to. Second, particularly in the case of JobPath, we pay a registration fee."
"I want to see evidence that the person has registered with the service. That evidence, to me, is the signing of a personal progression plan."
"Where people prove they are engaged in the process and are not against activation, we do not insist in every case on their signing of a personal progression plan but encourage them very strongly to do so."
I had also gone to my local Department of Social Protection office to inquire about when they were told I have finished JobPath in 2017. I was told that they had on their computer system I had finished in August 2017 - but I never done the full 52 weeks on JobPath as on May 2017. I was told that as this blog was still online, that I had been reported to social welfare as a “non-engagement”, that I was to sign out of the People1st building and that I was not allowed to enter until the Department of Social Protection had been in contact with me.
When I asked the woman why they had on their system I had finished in August 2017 - when in fact I never even done the full 52 weeks and only done 37 weeks - I was again told "You'll have to speak to People1st about that".
* UnitedPeople Note: This is a very common issue. Between local social welfare offices and JobPath local setups, the bouncing back and forth, each saying the other is responsible, is a regular complaint. Clearly in legislation alone, it needs to be made further clearer who is responsible for what and there is none of this ‘bouncing’ repeatedly back and forth allowed.
At times – too many, it is it being deliberate done to intimidate, frustrate and try ramp up further mental pressure on victims. No doubt social welfare top heads will deny this but, on the ground, right across the Irish state it is happening weekly – even daily.
I then asked a senior member of staff in People1st why was the Department of Social Protection told I had finished in August 2017? I was told that my 12 months were up in August 2017 so therefore my report was generated in August - but that there was nothing on there to say that I completed it in August. I was told that People1st did not tell the Department of Social Protection that I was there until August 2017 and that it was put on my exit report. When I asked why the exit report was not done in May, I was told that it was not the end of my programme and that my time was not up on the programme!
I was told, because of what happened last time, if I wished to have to have a communication about that then I have to put it through their official complaint’s procedure. I was told that an exit report can only be completed when the 12 months are up.
So, for example, if I started work today then in 12 months’ time it would ask them for an exit report and they would say that I had moved into employment on whatever day after I had started on the programme and that they would put in that information. I was told that it was the system that won't let them update it until the 12 months are up on whatever the start date was as it’s an automatic system and because of that, they could not update my exit report before then.
After all that happened on June 2018, I sought legal advice.
I asked why didn't People1st/Seetec put me in a private consultation room the first time I was on JobPath, after I had allegedly posted a photo on a blog or be denied access to the rest of the building?
I was told, as I had signed the Personal Progress Plan (PPP), I had entered into a contract with People1st/Seetec and I had signed the contract conditions, However, already from the very start of my second time on JobPath they are determining the new contract conditions from the very start.
One contract does not run into the other. I have two separate legal contracts. If it was one year rolling into the other and they suddenly changed the terms of my conditions, then I would have them for breach of contract. However, because they have started a new contract with separate new conditions, they can argue that these are the conditions that have been applied from the outset of this particular contract.
That is why it was easier for People1s/Seetec to tell me to leave the first time round. As this is my second time on JobPath, it is a new contract and they are protecting themselves from the get-go but are still discriminating against me.
In regard to being full time kept in a private isolated room, that was not my decision. I was informed the more I am kept in a private room that was not my choice and the more this happened, the stronger my legal case for discrimination against Seetec/People1st.
It has happened six times since July 2018. The legal adviser I spoke with, also told me the following:
The photo that Ted Hati* referred about being posted online and in breach of data protection, the legal statute of limitations had run out for that even if I had been guilty - and that time had expired.
For obvious company intimidation reason, Ted Hati* was not going to tell me that. It was needed by himself and People1st as an additional bullying tactic to try get their way, to silence citizens.
In regard to any blog, I have to repeat; the 2005 & 2010 amended Social Welfare Act, there is nothing there in legislation to stop anyone from writing about their experience of JobPath. There is nothing in there also that says I must stop writing. There is nothing in there also that says writing a blog is a form of non-engagement.
- They would have to prove to me in private legal or any constitutional legislation, that a private company, namely Seetec/People1st, that they have the legal right to deny anyone having freedom of thought and expressed opinion.
- It has still yet to be proven to me that a private company or a non-security, state body have the actual legal right to stop a person from further expressing that opinion.
- Where is it stated in any contract/agreement anywhere, that they have the legal right to stop me doing what I am doing, expressing myself as within the laws of the state?
Being told by Ted Hati* that I cannot negatively write about JobPath/People1st /Seetec or just about the work of his staff – not the staff itself by name or any other identifiable indicator, People1st would have to show me where this is legally the case where I am able to be censored, whether I have agreed or not agreed to any form or censorship!
They would have to show me in any private business or state legislation where a private company can deny anyone freedom of expression!
They would have to prove to me in legal legislation where they, a private company namely People1st/Seetec, have the right to tell me to stop expressing lawful opinion on a public blog.
By being told I can't post on a public blog or any public platform I am being denied freedom of expression, freedom of thought and opinion. Being denied these rights, I'm being denied basic constitutional rights under Article 40.6.1.i Irish Constitution – but not that alone!
- The European Convention on human rights, Article 9, protects freedom of thought and Article 10 protects freedom of expression.
- Non-Fatal Offences Against the Person Act, 1997 for Coercion. 9. - (1) A person who, with a view to compel another to abstain from doing or to do any act which that other has a lawful right to do or to abstain from doing, wrongfully and without lawful authority—
- Equal Status Act 20003.—(1) For the purposes of this Act, discrimination shall be taken to occur where— (a) on any of the grounds specified in subsection (2) (in this Act referred to as “the discriminatory grounds”) which exists at present or previously existed but no longer exists or may exist in the future, or which is imputed to the person concerned, a person is treated less favourably than another person is, has been or would be treated.
The above is law as it applies not just to me but to every citizen in Ireland and those also within the EU. All this and more, People1st (Seetec) don’t appear to give a damn about!
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For legal reasons, the name “Ted Hati” was used. This is a pseudo name used, to respect the privacy of the individual involved.
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