Jobseekers Bring Legal Challenge Over Retroactive Legislation

Despite a court judgement, benefits rebates were blocked to a quarter of a million so three jobseekers decided to challenge this application of the law.

According to them Duncan Smith has breached the European convention on human rights as he pushed through the legislation.

This made jobseekers work for free or face having their benefits stopped. Jobseekers, who submitted many job application forms, decided to complain so while the government’s plan was being investigated it was announced to be in breach with the law.

After the final decision of court appeared and government was said it had to pay the denied benefits to most of the jobseekers, it rushed a bill which had to make their actions legal and allow them to avoid “paying back money to people who didn’t do enough to find work”.

However, the government’s move was stopped because solicitor group Public Interest Lawyers, representing three jobseekers, announced it violated human rights.

In their opinion, what the government was trying to do was to retroactively alter the interpretation of a previous act.

In the opinion of Tessa Gregory of Public Interest Lawyers the denial of the government to take into consideration the jobseekers’ claims asking for their benefits, not only did act against the court ruling but also breached the right of the jobseekers.

“It interfered in an ongoing judicial process and deprived our clients of their right to claim back what was wrongly taken from them. Contrary to the assurances Iain Duncan Smith gave parliament, the legislation is not compatible with the Human Rights Act and it is in clear breach of EU law.”


Written by Legal Author

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