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.

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Labour is a pioneer in fighting sexism. That doesn't mean there's no sexism in Labour

While we campaign against misogyny, we must not fall into the trap of thinking Labour is above it; doing so lets women members down and puts the party in danger of not taking them seriously when they report incidents. 

I’m in the Labour party to fight for equality. I cheered when Labour announced that one of its three Budget tests was ensuring the burden of cuts didn’t fall on women. I celebrated the party’s record of winning rights for women on International Women’s Day. And I marched with Labour women to end male violence against women and girls.

I’m proud of the work we’re doing for women across the country. But, as the Labour party fights for me to feel safer in society, I still feel unsafe in the Labour party.

These problems are not unique to the Labour party; misogyny is everywhere in politics. You just have to look on Twitter to see women MPs – and any woman who speaks out – receiving rape and death threats. Women at political events are subject to threatening behaviour and sexual harassment. Sexism and violence against women at its heart is about power and control. And, as we all know, nowhere is power more highly-prized and sought-after than in politics.

While we campaign against misogyny, we must not fall into the trap of thinking Labour is above it; doing so lets women members down and puts the party in danger of not taking them seriously when they report incidents. 

The House of Commons’ women and equalities committee recently stated that political parties should have robust procedures in place to prevent intimidation, bullying or sexual harassment. The committee looked at this thanks to the work of Gavin Shuker, who has helped in taking up this issue since we first started highlighting it. Labour should follow this advice, put its values into action and change its structures and culture if we are to make our party safe for women.

We need thorough and enforced codes of conduct: online, offline and at all levels of the party, from branches to the parliamentary Labour party. These should be made clear to everyone upon joining, include reminders at the start of meetings and be up in every campaign office in the country.

Too many members – particularly new and young members – say they don’t know how to report incidents or what will happen if they do. This information should be given to all members, made easily available on the website and circulated to all local parties.

Too many people – including MPs and local party leaders – still say they wouldn’t know what to do if a local member told them they had been sexually harassed. All staff members and people in positions of responsibility should be given training, so they can support members and feel comfortable responding to issues.

Having a third party organisation or individual to deal with complaints of this nature would be a huge help too. Their contact details should be easy to find on the website. This organisation should, crucially, be independent of influence from elsewhere in the party. This would allow them to perform their role without political pressures or bias. We need a system that gives members confidence that they will be treated fairly, not one where members are worried about reporting incidents because the man in question holds power, has certain political allies or is a friend or colleague of the person you are supposed to complain to.

Giving this third party the resources and access they need to identify issues within our party and recommend further changes to the NEC would help to begin a continuous process of improving both our structures and culture.

Labour should champion a more open culture, where people feel able to report incidents and don't have to worry about ruining their career or facing political repercussions if they do so. Problems should not be brushed under the carpet. It takes bravery to admit your faults. But, until these problems are faced head-on, they will not go away.

Being the party of equality does not mean Labour is immune to misogyny and sexual harassment, but it does mean it should lead the way on tackling it.

Now is the time for Labour to practice what it preaches and prove it is serious about women’s equality.

Bex Bailey was on Labour’s national executive committee from 2014 to 2016.