‘Back to work’ schemes unlawful

A university graduate has won her Court of Appeal claim after insisting that rules requiring her to work at a Poundland discount store for free are unlawful. Three London judges ruled that the regulations – under which most of the Government’s back-to-work schemes were created – are unlawful and quashed them. The ruling was made by Lord Justice Pill, Lady Justice Black and Sir Stanley Burnton. The graduate, Cait Reilly, 24 from Birmingham, and Jamieson Wilson – a 40-year-old unemployed HGV driver from Nottingham – have both succeeded in identifying serious legal flaws in the unpaid schemes. According to their solicitors, the ruling means “everyone who has been sanctioned by having their jobseekers’ allowance withdrawn for non-compliance with the back-to-work schemes will be entitled to reclaim their benefits.” In November 2011, under a scheme known as the “sector-based work academy”, Miss Reilly had to leave her voluntary work at a local museum and instead work unpaid at the Kings Heath Poundland store in Birmingham. She was told that if she refused the work placement she would lose her jobseeker’s allowance. Consequently Miss Reilly cleaned floors and stacked shelves for two weeks at the store. Mr Wilson was told that he had to work unpaid, cleaning furniture for 30 hours a week for six months under a scheme known as the Community Action Programme, despite being a qualified mechanic. He objected to doing work unrelated to his qualifications which would also not help him to re-enter the jobs market. As a result of his refusal to participate he was stripped of his jobseeker’s allowance for six months. Our Employment team provides advice on the employment aspects of all major business decisions. For advice, contact a member of the team: call us on 08456 381381 or email employment@ibblaw.co.uk.