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.

Ukip's Nigel Farage and Paul Nuttall. Photo: Getty
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Is the general election 2017 the end of Ukip?

Ukip led the way to Brexit, but now the party is on less than 10 per cent in the polls. 

Ukip could be finished. Ukip has only ever had two MPs, but it held an outside influence on politics: without it, we’d probably never have had the EU referendum. But Brexit has turned Ukip into a single-issue party without an issue. Ukip’s sole remaining MP, Douglas Carswell, left the party in March 2017, and told Sky News’ Adam Boulton that there was “no point” to the party anymore. 

Not everyone in Ukip has given up, though: Nigel Farage told Peston on Sunday that Ukip “will survive”, and current leader Paul Nuttall will be contesting a seat this year. But Ukip is standing in fewer constituencies than last time thanks to a shortage of both money and people. Who benefits if Ukip is finished? It’s likely to be the Tories. 

Is Ukip finished? 

What are Ukip's poll ratings?

Ukip’s poll ratings peaked in June 2016 at 16 per cent. Since the leave campaign’s success, that has steadily declined so that Ukip is going into the 2017 general election on 4 per cent, according to the latest polls. If the polls can be trusted, that’s a serious collapse.

Can Ukip get anymore MPs?

In the 2015 general election Ukip contested nearly every seat and got 13 per cent of the vote, making it the third biggest party (although is only returned one MP). Now Ukip is reportedly struggling to find candidates and could stand in as few as 100 seats. Ukip leader Paul Nuttall will stand in Boston and Skegness, but both ex-leader Nigel Farage and donor Arron Banks have ruled themselves out of running this time.

How many members does Ukip have?

Ukip’s membership declined from 45,994 at the 2015 general election to 39,000 in 2016. That’s a worrying sign for any political party, which relies on grassroots memberships to put in the campaigning legwork.

What does Ukip's decline mean for Labour and the Conservatives? 

The rise of Ukip took votes from both the Conservatives and Labour, with a nationalist message that appealed to disaffected voters from both right and left. But the decline of Ukip only seems to be helping the Conservatives. Stephen Bush has written about how in Wales voting Ukip seems to have been a gateway drug for traditional Labour voters who are now backing the mainstream right; so the voters Ukip took from the Conservatives are reverting to the Conservatives, and the ones they took from Labour are transferring to the Conservatives too.

Ukip might be finished as an electoral force, but its influence on the rest of British politics will be felt for many years yet. 

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