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Back-to-work scheme breached laws, says Court of Appeal Back-to-work scheme breached laws, says Court of Appeal
(35 minutes later)
 
A university graduate has won a legal challenge on appeal, claiming that a government scheme forces people to work without pay.A university graduate has won a legal challenge on appeal, claiming that a government scheme forces people to work without pay.
Cait Reilly, 24, claimed that requiring her to work for free at a Poundland store breached laws banning slavery and forced labour.Cait Reilly, 24, claimed that requiring her to work for free at a Poundland store breached laws banning slavery and forced labour.
The University of Birmingham geology graduate lost her original case at the High Court, but has now won on appeal.The University of Birmingham geology graduate lost her original case at the High Court, but has now won on appeal.
Her solicitors said this could have major implications for jobseekers.Her solicitors said this could have major implications for jobseekers.
Three judges in London ruled that the regulations under which most of the government's back-to-work schemes were created were unlawful and quashed them.Three judges in London ruled that the regulations under which most of the government's back-to-work schemes were created were unlawful and quashed them.
Benefit withdrawal
Miss Reilly, from Birmingham, and 40-year-old unemployed HGV driver Jamie Wilson, from Nottingham, both succeeded in their claims that the unpaid schemes were legally flawed.Miss Reilly, from Birmingham, and 40-year-old unemployed HGV driver Jamie Wilson, from Nottingham, both succeeded in their claims that the unpaid schemes were legally flawed.
Mr Wilson was told that his jobseeker's allowance would be stopped after he refused to take part in the Community Action Programme, which his lawyers said would have involved him working unpaid for 30 hours per week for six months. Miss Reilly said that in November 2011 she had to leave her voluntary work at a local museum and work unpaid at the Poundland store in Kings Heath, Birmingham, under a scheme known as the "sector-based work academy".
Their solicitors said that the ruling meant "all those people who have been sanctioned by having their jobseekers' allowance withdrawn for non-compliance with the back-to-work schemes affected will be entitled to reclaim their benefits". She was told that if she did not carry out the work placement - which, she said, involved stacking shelves and cleaning floors - she would lose her Jobseeker's Allowance.
Mr Wilson was told that his Jobseeker's Allowance would be stopped after he refused to take part in the Community Action Programme, which his lawyers said would have involved him working unpaid for 30 hours per week for six months.
Solicitor Tessa Gregory, of Public Interest Lawyers, which represented the duo, said: "This 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."
'Rethink needed'
Miss Reilly said she was delighted with the ruling, claiming that her making her give up her voluntary work and sending her to Poundland was wrong.
"Those two weeks were a complete waste of my time as the experience did not help me get a job," she said.
"I was not given any training and I was left with no time to do my voluntary work or search for other jobs.
"The only beneficiary was Poundland, a multimillion-pound company. Later I found out that I should never have been told the placement was compulsory.
"I don't think I am above working in shops like Poundland. I now work part time in a supermarket. It is just that I expect to get paid for working."
She said she hoped the government would "rethink" how it tackled long-term unemployment.
"I agree we need to get people back to work but the best way of doing that is by helping them, not punishing them."