R (on the application of Reilly and another) (Respondents) v Secretary of State for Work and Pensions (Appellant)

The Supreme Court has handed down judgment in the case concerning the Government's 'back to work schemes'.

The Court unanimously upheld the judgment of the Court of Appeal that the regulations introducing several such schemes had been ultra vires the Jobseeker's Act. Had it not been for rectifying legislation enacted after the Court of Appeal's judgment the schemes would have been quashed. It also held that valid notice had not been provided under the regulations to the appellants and, going further than the Court of Appeal, that additional information about the back to work schemes had to be provided to every person who was required to participate in such a scheme. The Supreme Court also held that the schemes did not constitute compulsory labour and therefore do not engage Article 4.

Tom Hickman was junior Counsel for Ms Reilly and Mr Wilson

James Eadie QC and Catherine Callaghan acted for the Secretary of State for Work and Pensions.