Unpaid Work Scheme - Not Slavery

Is it slave labour and therefore unlawful to force an individual in receipt of Job Seekers Allowance ("JSA") to participate in a Work for Benefits scheme?

No, says the Administrative Court in
R (on behalf of Reilly & Wilson) v Department of Work and Pensions.

As you might already be aware, Article 4 of the European Convention on Human Rights prohibits slavery, servitude and forced labour.

Controversially the Government in an effort to help recipients of benefits back to work, individuals were required to participate in schemes that involved them working but not being paid anything more than benefits. A failure to participate in these schemes can and could have resulted in a loss of benefits.

In the instant case Miss Reilly was a geology graduate who was required to work in Poundland for two weeks. Mr Wilson was a HGV driver who was required to work for an organisation delivering refurbished furniture to the needy in the community. His placement was to be for 30 hours per week for a period of 26 weeks.

Both claimed this amounted to a breach of Article 4. The Court held that although views may reasonably differ about the merits of a scheme that requires individuals to 'work for their benefits' as a means of assisting them back into the workplace, such schemes could not be said to amount to 'slavery' or 'forced labour'.