The Department for Work and Pensions says its back-to-work schemes will continue as normal, following yesterday’s Court of Appeal win for a museum volunteer forced to work in Poundland.

Yesterday, Cait Reilly successfully challenged the validity of the Jobseeker’s Allowance (Employment, Skills and Enterprise Scheme) Regulations 2011 which underpin most of the government’s back-to-work schemes.

Originally, Reilly had launched a judicial review claiming unpaid schemes violated Article IV of the European Convention on Human Rights, which prohibits forced labour and slavery.

But, while the Court of Appeal judges supported the principle and policy of the Department for Work and Pensions' (DWP) back-to-work schemes, they ruled that the regulations did not describe the schemes to which they apply.

The Court of Appeal quashed the ESE regulations. In response the DWP is tabling new regulations, but still insists that its schemes such as the Work Programme and unpaid work experience placements, will continue.

Responding to the court ruling, minister for employment Mark Hoban said: "The court has backed our right to require people to take part in programmes which will help get them into work. It's ridiculous to say this is forced labour. This ruling ensures we can continue with these important schemes.

"We are however disappointed and surprised at the court's decision on our regulations. There needed to be flexibility so we could give people the right support to meet their needs and get them into a job. We do not agree with the court's judgment and are seeking permission to appeal, but new regulations will be tabled to avoid any uncertainty.

"Ultimately the judgment confirms that it is right that we expect people to take getting into work seriously if they want to claim benefits."

 

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