Judgment to be passed on dispute between Department for Work and Pensions and Cait Reilly over 'workfare' schemes
The UK supreme court will
hand down judgment on Wednesday morning in what is expected to be the final
chapter in a long-running
dispute between the Department of Work and Pensions and former jobseeker
Cait Reilly over the legality of so-called workfare schemes.
In what has come to be
known as the Poundland
case, the court will decide whether it was lawful for the government to force
tens of thousands of jobseekers to work for free for between two and twenty-six
weeks, including at the discount retailer.
The DWP appealed against
the verdict
of three judges at the Royal Courts of Justice in February, who unanimously
declared that almost all the government's "work for your benefit" employment
schemes were unlawful.
The three judges, Lord
Justice Pill, Lady Justice Black and Sir Stanley Burnton, found that the work
and pensions secretary, Iain Duncan
Smith, did not have the power to create new employment programmes and
schemes at a stroke of the pen and should have issued parliament with the full
details of the coalition's growing number of schemes.
After the ruling struck down the legal basis of the DWP's employment schemes, the department was expected to be liable for a £130m rebate to jobseekers who had been sanctioned using the powers of the scheme.
However, in order to
avoid paying back rebates to around 250,000 claimants, the government
introduced a controversial
emergency law that retroactively made hundreds of thousands of sanctions
legal.
Following the emergency
law, Public Interest Lawyers – which have been representing Reilly and her
co-claimant in the case, unemployed lorry driver Jamieson Wilson – lodged a
judicial review accusing Duncan Smith of conspiring to undermine basic human
rights by enacting the retroactive legislation. That judicial case was put
on hold pending the outcome of Wednesday's supreme court ruling.
Guardian