"We cannot part with this case without paying tribute to the claimants\' legal advisers who although greatly outnumbered by the Secretary of State\'s legal team have persisted with their requests for disclosure skilfully and with commendable determination." (per Lord Justice Scott-Baker in  R (on the application of Al-Sweady and Others) v The Secretary of State for Defence [2009] EWHC 2387 (Admin)).
Lord Justice Scott-Baker
 
 

Graduate Issues Judicial Review Over Poundland Work

Cait Reilly (22) has today issued landmark judicial review proceedings against the Secretary of State for Work and Pensions. She is challenging the Government over its sector-based work academy scheme, under which she was required to carry out two weeks of unpaid labour at discount retailer Poundland.

Background
 
Cait was told in October of an ‘opportunity’ to attend an Open Day about job vacancies that could lead to a week’s training and a job interview. When she attended the Open Day, she discovered that in fact the training would last up to six weeks, including a two-week, unpaid retail placement. She decided that this ‘opportunity’ was not for her – Cait, who wants to forge a career in museums, had been carrying out voluntary work at a Birmingham museum, and the Government scheme would have meant giving this up. In addition, Cait already had plenty of retail experience. When she expressed these concerns to her Jobcentre Plus adviser, she was told that her participation in the Scheme was "mandatory" and that if she did not comply, she would lose her benefits.
 
As the Sunday Times reported this week, Cait subsequently had to clean and stack shelves at the Poundland store in King’s Heath, Birmingham for two weeks. She claims that staff there "did not know what to do" with her and her fellow jobseekers when they reported for work on their first day. Despite the promise of a "guaranteed interview", this has not materialised.
 
The Legal Challenge
 
The Government has already admitted that Cait should not have had to carry out her sector-based work academy as a result of its failure to provide her with a notice setting out full information as to what the scheme required. However, in pre-action correspondence, it has denied that the Jobseeker’s Allowance (Employment, Skills and Enterprise) Regulations 2011 go beyond the Secretary of State’s powers under the Jobseeker’s Act 1995 and that sector-based work academies – which have been set up without reference to Parliament – are unlawful. She also argues that she has been subjected to "forced or compulsory labour" within the meaning of Article 4(2) of the European Convention on Human Rights.
 
Implications

Cait is asking the High Court to quash the Regulations, which the Government has attempted to rely upon in setting up this and other schemes, such as the Community Action Programme under which the long-term unemployed can be required to undertake up to six months of unpaid work. The case therefore affects potentially thousands of current and future jobseekers.

It should be noted that those affected by the scheme are not those who are failing to fulfil their "jobseeking conditions" – only those who are complying with those conditions (including actively seeking work) are eligible for participation in the scheme. The Government has decided to introduce a plethora of "work for your benefit" schemes despite commissioning an expert report that told it in clear terms that such schemes do not have any positive effect on employment prospects.
 
Jim Duffy, Cait’s solicitor, said today:

"The Government has created – without Parliamentary authority – a complex array of schemes that allow Job Centres to force people into futile, unpaid labour for weeks or months at a time. By doing so, it is worsening rather than alleviating the cycle of unemployment that is such a significant barrier to addressing the economic crisis."

The Secretary of State now has 21 days to set out his defence to the challenge.


Other stories

Click on a story to read

  Al Sweady Inquiry - Closing Written Submissions for the Iraqi Core Participants...
  Phil Shiner on Russia Today talking about British army ‘torture’...
  PIL launch a new Military Justice Unit...
  Radio Times: Chaplain on Marine convicted of Taliban murder: ‘I would probably have shot him too’...
  Phil Shiner to feature on BBC programme about 'Marine A'...
  PIL welcomes peers rejection of proposed changes to ‘statelessness’ laws...
  Open Society Justice Initiative:UK Must Heed Warnings over Statelessness Measure...
  The Guardian: Birmingham joins San Francisco and Oslo in global green cities club...
  The Law Society Gazette: Fog of War...
  PIL's response to the Immigration Bill and statelessness...
  The Birmingham Mail: Lawyer: 'Still Questions to Answer' over Claims British Troops Shot 20 Iraqi M...
  The Independent: Using Statelessness as a Weapon Must be Rejected...
  PIL's concerns about the changes to the Prison Rules...
  Socialist Worker: Al-Sweady Inquiry...
  PIL response to Defence Committee's Report on Remotely Piloted Air Systems...
  PIL rebuttal to The Sun article today – “Spoils of War: Iraq Murder Slurs Lawyers in £2.5m Payday”...
  Phil Shiner: International Lawyer of the Year 2014...
  PIL Press Release: Al Sweady Inquiry ...
  Save Lincolnshire Libraries...
  The Guardian: Soldiers were under bombardment in Iraq, al-Sweady inquiry told...
  The Guardian: British army 'blocked investigation into treatment of Iraqi prisoners'...
  Tony Benn dies...