A university graduate who was made to work at Poundland for free under a Government scheme has won her Court of Appeal claim.
Cait Reilly, 24, from Birmingham, had argued that being forced to work in the discount shop for nothing while she looked for a permanent job was illegal.
Jamieson Wilson, 40, an unemployed HGV driver from Nottingham, also won his legal challenge.
Lord Justice Pill, Lady Justice Black and Sir Stanley Burnton, sitting in London, agreed the regulations behind most of the back-to-work schemes were unlawful and quashed them.
The pair's solicitors said the ruling meant anyone docked jobseekers' allowance for not complying with the schemes could demand the money back.
Miss Reilly was forced to leave her voluntary post at a museum to work unpaid at Poundland in Kings Heath, Birmingham in November 2011 under a scheme known as the "sector-based work academy".
She was told she would lose jobseekers' allowance if she refused and spent two weeks stacking shelves and cleaning floors.
Mr Wilson, a qualified mechanic, 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.
He objected to doing unpaid work that was unrelated to his qualifications and would not help him re-enter the jobs market and refused, leading to him losing jobseekers' allowance for six months.
Following the court ruling, Miss Reilly said: "I don't think I am above working in shops like Poundland. I now work part time in a supermarket. It is just that I expect to get paid for working.
"I hope the Government will now take this opportunity to rethink its strategy and do something which actually builds on young unemployed people's skills and tackles the causes of long-term unemployment.
"I agree we need to get people back to work but the best way of doing that is by helping them, not punishing them.
"The Government ought to understand that if they created schemes which actually helped people get back into work then they wouldn't need to force people to attend."
The Public Interest Lawyers, who represented both claimants, said the decision was a "huge setback" for the Department of Work and Pensions (DWP).
Solicitor Tessa Gregory, said: "Today's judgment sends Iain Duncan Smith back to the drawing board to make fresh regulations which are fair and comply with the court's ruling.
"Until that time, nobody can be lawfully forced to participate in schemes affected such as the Work Programme and the Community Action Programme.
"All of those who have been stripped of their benefits have a right to claim the money back that has been unlawfully taken away from them."
She claimed the case had shown that the DWP was "going behind Parliament's back" and failing to seek proper approval for mandatory work schemes.
Employment minister Mark Hoban said the Government would seek to appeal the court's decision.
"The court has backed our right to require people to take part in programmes which will help get them into work. It's ridiculous to say this is forced labour. This ruling ensures we can continue with these important schemes," he said.
"We are however disappointed and surprised at the court's decision on our regulations. There needed to be flexibility so we could give people the right support to meet their needs and get them into a job.
"We do not agree with the court's judgment and are seeking permission to appeal, but new regulations will be tabled to avoid any uncertainty.
"Ultimately the judgment confirms that it is right that we expect people to take getting into work seriously if they want to claim benefits."
Anda sedang membaca artikel tentang
Poundland Graduate Cait Reilly Wins Appeal
Dengan url
http://cobaagains.blogspot.com/2013/02/poundland-graduate-cait-reilly-wins.html
Anda boleh menyebar luaskannya atau mengcopy paste-nya
Poundland Graduate Cait Reilly Wins Appeal
namun jangan lupa untuk meletakkan link
Poundland Graduate Cait Reilly Wins Appeal
sebagai sumbernya
0 komentar:
Posting Komentar