Legal action against Jobcentre - County Court or Employment Tribunal?

[heisenberg]

Hi all,

I am considering taking legal action against the Jobcentre.

I currently claim Employment and Support Allowance (ESA) and am required to meet with a "work coach" every 6 months. I believe the Jobcentre has failed to make reasonable adjustments for me as required under the Equality Act 2010.

I am not sure if this service could be defined as an "employment service". The interpretation can be found here:

http://www.legislation.gov.uk/ukpga/2010/15/section/56

If it does meet that the above definition then it would appear is a matter for an Employment Tribunal and not a County Court.

Many thanks in advance.

[charitynjw]

Re: Legal action against Jobcentre - County Court or Employment Tribunal?

Hi heiseberg.

Long time no 'see'.

I would doubt that there is a 'contract of service' or a contract of employment as defined in s230 Employment Rights Act 1996.

[heisenberg]

Re: Legal action against Jobcentre - County Court or Employment Tribunal?

Hi heiseberg.

Long time no 'see'.

I would doubt that there is a 'contract of service' or a contract of employment as defined in s230 Employment Rights Act 1996.

Hi charitynjw,

Indeed.

The Employment Statutory Code of Practice seems to suggest the Jobcentre could meet the definition of an "employment service" (therefore a claim should be issued at an Employment Tribunal).

https://www.equalityhumanrights.com/...ployercode.pdf

See page 156.

[charitynjw]

Re: Legal action against Jobcentre - County Court or Employment Tribunal?

Is there a mutual obligation for the 'employer' to supply work & for the employee to carry it out?
Carmichael-v-National Power plc [2000]

[heisenberg]

Re: Legal action against Jobcentre - County Court or Employment Tribunal?

Is there a mutual obligation for the 'employer' to supply work & for the employee to carry it out?
Carmichael-v-National Power plc [2000]

I think "employment services" means employment service providers such as recruitment agencies etc. I know because I've issued claims against recruitment agencies in the past and those claims had to be served at an Employment Tribunal.

[charitynjw]

Re: Legal action against Jobcentre - County Court or Employment Tribunal?

I think "employment services" means employment service providers such as recruitment agencies etc. I know because I've issued claims against recruitment agencies in the past and those claims had to be served at an Employment Tribunal.

I'm still not persuaded that the Jobcentre could be described as either an employer or an employment agency.
To cut to the chase, who actually pays you, & for what? Could you make the Tribunal believe that an award of state benefit is in fact remuneration for a contract of service?
On a more practical note it may be wise to check out the history of the Cait Reilly/DWP/ Poundland case.before embarking on an ET claim, even if you do possibly qualify for fee remission.
https://www.theguardian.com/society/...poundland-case
I don't recall any mention of any issue involving employment law.

[wales01man]

Re: Legal action against Jobcentre - County Court or Employment Tribunal?

Can I ask what Reasonable Adjustments you feel they should have made for you if you are considering a claim you would need to clarify this.

[heisenberg]

Re: Legal action against Jobcentre - County Court or Employment Tribunal?

I'm still not persuaded that the Jobcentre could be described as either an employer or an employment agency.
To cut to the chase, who actually pays you, & for what? Could you make the Tribunal believe that an award of state benefit is in fact remuneration for a contract of service?
On a more practical note it may be wise to check out the history of the Cait Reilly/DWP/ Poundland case.before embarking on an ET claim, even if you do possibly qualify for fee remission.
https://www.theguardian.com/society/...poundland-case
I don't recall any mention of any issue involving employment law.

Thanks.

I think the question is if they can be described as an "employment service".

[heisenberg]

Re: Legal action against Jobcentre - County Court or Employment Tribunal?

Can I ask what Reasonable Adjustments you feel they should have made for you if you are considering a claim you would need to clarify this.

I asked them, quite reasonably, to conduct the "work-focused interview" over the phone as they had previously offered to. They refused.

[heisenberg]

Re: Legal action against Jobcentre - County Court or Employment Tribunal?

I'm still not persuaded that the Jobcentre could be described as either an employer or an employment agency.
To cut to the chase, who actually pays you, & for what? Could you make the Tribunal believe that an award of state benefit is in fact remuneration for a contract of service?
On a more practical note it may be wise to check out the history of the Cait Reilly/DWP/ Poundland case.before embarking on an ET claim, even if you do possibly qualify for fee remission.
https://www.theguardian.com/society/...poundland-case
I don't recall any mention of any issue involving employment law.

And this Tory government are a bunch of callous and cruel b*stards. It boggles the mind why any right-thinking working class person would vote for them. Looking at the case alluded to above I'm not surprised they want to scrap the Human Rights Act. We're all doomed if that happens.

Another tidbit:

https://www.facebook.com/Auppage/vid...4970373987709/

[charitynjw]

Re: Legal action against Jobcentre - County Court or Employment Tribunal?

Yep!

I'm ok, though; I've got a cat.
https://www.theguardian.com/law/2011...at-deportation