Work Programme Contract
Work Programme Network
will be publishing the Work Programme contract soon. 
(Contract is subject to change without warning)
1. General Provisions
1.1 Definitions
1.2 Interpretation
1.3 Contract Period
1.4 Prime Contractor’s Status
1.5 Contracting Body’s Obligations
1.6 Entire Agreement
1.7 Notices
1.8 Mistakes in Information
1.9 Conflicts of Interest
1.10 Prevention of Fraud
1.11 Guarantee
2. Supply of Services
2.1 The Services
2.2 Volumes
2.3 Provision and Removal of Equipment
2.4 Manner of Carrying Out the Services
2.5 Prime Contractor’s Staff
2.6 Inspection of Premises
2.7 Licence to occupy Contracting Body Premises
2.8 Property
2.9 Offers of Employment
2.10 Monitoring of Prime Contractor Performance
2.11 Customer Complaints
2.12 Minimum Performance Levels and Minimum Service Levels
2.13 Performance Improvement Process
2.14 Shifting Market Share
3. Payment and Fees
3.1 Fees and Payment
3.2 Recovery of Sums Due
3.3 Euro
4. Statutory Obligations and Regulations
4.1 Prevention of Corruption
4.2 Non-Discrimination
4.3 TUPE Compliance (General) and Employment Matters
4.4 Employee Provisions on Expiry or Termination
4.5 The Contracts (Rights of Third Parties) Act 1999
4.6 Environmental Requirements
4.7 Health and Safety
5.Protection of Information
5.1 Contracting Body Data
5.2 Data Protection Act
5.3 Official Secrets Acts 1911 to 1989, Section 182 of the Finance Act 1989
5.4 Confidential Information
5.5 Freedom of Information
5.6 Publicity, Visits, Media and Official Enquiries
5.7 European Social Fund and Other Funding
5.8 Security of Premises
5.9 Security Requirements and Plan
5.10 Malicious Software
5.11 Intellectual Property Rights
5.12 Provision of Management Information
5.13 Records and Audit Access
6. Control of the Contract
6.1 Transfer and Sub-Contracting
6.2 Waiver
6.3 Change Control
6.4 Options
6.5 Severability
6.6 Remedies in the event of inadequate performance
6.7 Cumulative Remedies
7. Liabilities
7.1 Liability, Indemnity and Insurance
7.2 Taxation, National Insurance and Employment Liability
7.3 Warranties and Representations
8. Default, Disruption and Termination
8.1 Termination on insolvency and change of control
8.2 Termination on Default
8.3 Break
8.4 Framework Agreement
8.5 Consequences of Expiry or Termination
8.6 Disruption
8.7 Recovery upon Termination
8.8 Business Continuity
8.9 Force Majeure
9. Disputes and Law
9.1 Governing Law and Jurisdiction
9.2 Dispute Resolution
Appendix 1 The Services
Annex 1: The WP Specification
Annex 2: Prime Contractor’s Tender
Annex 3: Post Tender Discussion Questions & Responses
Annex 4: Schedule of Approved Subcontractors
Annex 5: Schedule of Delivery Sites
Annex 6: First Year Profiles
Appendix 2 Contract Performance
Part A – Minimum Performance Levels
Part B – Minimum Service Levels
Appendix 3 Future Services
Annex 1: Options
Appendix 4 Guarantee
Appendix 5 Security Requirements and Plan
Part A – DWP Security Policy
Part B – Outline Security Plan
Appendix 6 Monitoring Requirements
Appendix 7 Payment Requirements
Appendix 8 Payment Profile
Appendix 9 Diversity and Equality Requirements
Appendix 10 Welsh Language Scheme
Appendix 11 Information Requirements
Appendix 12 Sustainable Development Requirements
Appendix 13 Apprenticeships and Skills Requirements
Appendix 14 Commercially Sensitive Information
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This person has kindly contributed 2 comments to Work Programme Network.
Help me please i left a comment on here before asking for help which got ignored
, I recently followed the refuse work program part 1 and extended as I was given an appointment. I just received a letter from my provider Reed saying this:
You have been referred to the Work, the basis of this referral is mandatory as a condition of your job seeker allowance agreement as such, I refer you to the guidelines below fro DWP:
“DWP is able to disclose information relating to social security and employment and training to persons providing services to DWP for those purposes, under section 3 of the Social Security Act 1998. This could include personal information about claimants who have been referred to a service provider for the purpose of the work programme.
Welfare to work providers are carrying out work on behalf of the DWP and require access to individuals , personal data and information held by DWP to be able to provide the required services, In this situation, DWP remains the data controller and provider acts as the data processor as defined by data protection act ; therefore there is no breach of the principles of the data protection act DWP remains the controller.
So what is this about , I thought this was a win win situation for us , seems like they have it covered, any and all help will be appreciated . Thank you
This person has kindly contributed 250 comments to Work Programme Network.
Hi Slice,
I didn’t see your previous post but I assume that what you have done is send in the refuse Wp letter part one and receive the standard reply from the JC. The opinions that follow are my own and not meant to be strict guidelines – you pays your money and you takes your choice! You can now 1. continue to refuse the WP by sending in part 2, and/or2 ignore the appointment with provider or 3. go to appointment. In my opinion the first two (ignoring and Failing To attend) are likely to lead to a quick sanction doubt being raised with little chance of you successfully appealing. You may wish to follow this but be aware that it means 2 weeks loss of benefits – and you will have to comply or face further sanctions. This is unpalatable but until someone takes on the DWP and their intepretation of the Data Protection Act it will continue to be the case.
What did I do? Well I wrote to the DWP with refuse letter part one EXCEPT I did not include any wording indication refusal of the WP. I got back the same formula letter as you did. I phoned them and pointed out that at no stage had I refused the WP so their threats (in the formula letter ) were inappropriate. I asked for and got a letter of apology “I am sorry that our reply to you suggested that you were taking action to refuse Work Programme requirements and I am sorry that you felt that the wording of the letter was threatening.” Obviously they did not scrutinise my letter in any detail they just assumed that it was the standard Refuse WP letter part one and sent out their standard reply.
I then attended an intitial meeting with Pimp (A4enemma) – details elsewhere so I won’t repeat. At that meeting I refused to sign the Data Waiver form. I also asked questions on the so called WP Agreement which sent the young girl in to a tailspin such that she virtually ran from the troom to fetch her superior. As yet I have not yet signed the agreement (I may do if I see any mileage in doing it) and I have yet to attend the initial appointment with my “advisor”. I have made one complaint which has been dealt with unsatisfactorily and so I have referred it to ICE. I have plans to make more complaints.
What should you do? Unless you want to be a sacrificial victim and be sanctioned I think you should ignore what has gone on up till now and attend the pimp induction meeting. In a polite restrained way refuse to sign the data waiver form (and encourage others to do the same). Ask a load of questions. Complain in writing about anything and everything that is unsatisfactory. Stand up for yourself. Encourage others to do the same.
This is likely to be a long war – look upon each step/inteview as a battle, you will lose some but you will also win some.
As I said before – you pays your money and you takes your choice – as an absolute minimum don’t sign the data waiver form.
Let us know what happens.
Good Luck!