Workfare ruled illegal, but only on narrow terms

A minor victory for campaigners against mandatory work

Cait Reilly, the graduate who was forced to work for free at Poundland, has won her Court of Appeal claim that to do so was unlawful.

Reilly was joined in her appeal by Jamieson Wilson, an unemployed HGV driver who had been required to clean furniture for six months under the government's Community Action Programme. When Wilson refused, he was stripped of his jobseeker's allowance for six months in sanction.

The solicitor for the pair, Tessa Gregory, told the Press Association:

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.

The ruling is not a universal victory for opponents of the government's workfare programmes, however. It rules that the schemes are illegal on fairly narrow technical grounds to do with the expressed powers of the secretary of state.

The schemes in question did not match with published policy, and Reilly and, in part, Wilson had not been notified correctly about their rights. (Reilly should have been given the option to refuse her scheme, but she was not; Wilson was not informed clearly enough that refusing would result in six months without benefits).

As a result, Mandatory Work Activity, which involved nearly 17,000 people being compelled to do a month's full-time unpaid work between May 2011 and February 2012 alone, is unaffected by the case. And there is every chance that re-drafted legislation could enable the other workfare programs to resume.

Crucially, although the case included a reference to article four of the European Convention on Human Rights, which states that "no one shall be required to perform forced or compulsory labour," the presiding judge held that that did not add anything to the substantive legal issues at hand, concluding:

Given arrangements properly made under the Act, article 4 would not be engaged.

Similarly, the court finds no overall problem with the concept of unpaid work, arguing that Parliament has the right to create schemes that "are designed to assist the unemployed to obtain employment", and that it is "equally entitled to encourage participation in such schemes by imposing sanctions."

In short, the case was won because the government failed to legislate correctly when introduced the workfare schemes in question. That's a very different, and much less heartening, conclusion than original reports claiming a victory on grounds of "forced labour" suggested.

Photograph: Getty Images

Alex Hern is a technology reporter for the Guardian. He was formerly staff writer at the New Statesman. You should follow Alex on Twitter.

Photo: Getty
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Every day, Theresa May's mask slips a little further

First the Human Rights Act, now Dfid. What's next, asks Jon Ashworth.

The news that the new International Development Secretary is about to slash development spending and channel Britain's aid budget into defence spending is yet another major slip of the new government's centrist mask.

Theresa May has tried to pitch her policy agenda as prioritising social justice and a “Britain that works for everyone” but the reality is that this announcement is the true right-wing colours of her government shining through.

The appointment of the most right-wing Cabinet for decades was a major warning sign, with figures such as David Davis, who said he was “very worried” about sexual discrimination legislation, and Liam Fox, who said equal marriage was “social engineering”, now at the highest level in government.

Those of us passionate about development were horrified when Priti Patel, who has previously called for the Department for International Development to be scrapped, was appointed as the department's new Secretary of State, but few of us would have imagined such a dramatic break with Britain's strong development legacy so soon.

Not only is what is reported very dubious in terms of the strict regulations placed on development spending- and Priti Patel has already come dangerously close to crossing that line by saying we could use the aid budget to leverage trade deals - it also betrays some of the very poorest in the world at a time when many regions are facing acute humanitarian crises.

It was Gordon Brown who put international development at the heart of 13 years of Labour government, massively increasing aid spending and focusing minds in Britain and abroad on the plight of those suffering from poverty, famine and the ravages of war. David Cameron followed Gordon’s lead, enshrining the 0.7 per cent aid budget in law, making Britain the first G7 country to do so. In light of these new revelations Theresa May must now restate her commitment to the target.

Sadly, it now seems that Theresa May and Priti Patel want to turn the clock back on all that progress, diminishing Britain's role in international development and subverting the original mission of the department by turning it into a subsidiary of the Ministry of Defence, focused on self-interest and security. Not only will this create the opposite of the "outward-looking and globally-minded country" Theresa May said just weeks ago she wanted Britain to be, it’s also a betrayal of some of the poorest people across the planet.

Other examples of the right-wing traits of this Government surfaced earlier this week too. On Friday it emerged that Gerard Lopez, a tax-haven based businessman with links to Russian State banks that have been sanctioned in the wake of the Ukrainian conflict, donated £400,000 to the Tory party just months ago. Theresa May needs to tell us what meetings and interactions she has had with Lopez.

Earlier in the week Liz Truss, the new Justice Secretary, brazenly insisted that the Government would proceed with scrapping the Human Rights Act, despite fierce opposition from politicians of all parties and the public.

With so many right-wing announcements trickling though when the government has hardly had time to change the name plaques above the doors you've got to wonder and worry about what else is set to come.

Jon Ashworth is Labour MP for Leicester South.