JSA Disallowed due to Religious Committment

emmjayeff

I had to attend a personal adviser (PA) interview at my job centre on the same day I had a religious engagement. I didn't go to the PA interview and attended church instead. My JSA was disallowed and my claim was stopped. I took it to tribunal and they said I could have gone to the PA interview and foregone church. I appealed this and it's currently being re-assessed, but the DWP are questioning my appeal saying no error of law took place. But I say it did - the tribunal chairman said I could have gone to 'any old service' but the one I was going to on the same day as the PA interview was NOT 'any old service' - it was a specific type of religious service. I believe the tribunal was selective in its assessment of me going to church because they've lumped the sort of service I went to into the same pot as all the other services, but that's not the case. Therefore the tribunal made an error of law because it applied a blanket interpretation of the rules and applied them to ALL types of religious service, rather than considering that the type of service I went to on the day I should have been at the PA interview was something I couldn't have gone to at any other time. I wondered if anyone had any comments please? This is, as far as I can see, almost an infringement of Article 9 ECHR!

barbarawright

Presumably you knew about the service a long time in advance. Did you try to change the time of the interview? What did your advisor say about that?

pleasedelete

What would you have done if you had been at work on that day?

Anouchka

Are you saying there should be one rule for you and another rule for every one else?

Cheeky_Monkey

Presumably, if you had had an interview for a job that day, you wouldn't have gone to that either.

Surely, your eligibility for JSA depends on you being available to work. Clearly, you were not as you chose to go to church instead!

Therefore, I'd be surprised if your appeal is successful.

marybelle01

emmjayeff wrote: »

I had to attend a personal adviser (PA) interview at my job centre on the same day I had a religious engagement. I didn't go to the PA interview and attended church instead. My JSA was disallowed and my claim was stopped. I took it to tribunal and they said I could have gone to the PA interview and foregone church. I appealed this and it's currently being re-assessed, but the DWP are questioning my appeal saying no error of law took place. But I say it did - the tribunal chairman said I could have gone to 'any old service' but the one I was going to on the same day as the PA interview was NOT 'any old service' - it was a specific type of religious service. I believe the tribunal was selective in its assessment of me going to church because they've lumped the sort of service I went to into the same pot as all the other services, but that's not the case. Therefore the tribunal made an error of law because it applied a blanket interpretation of the rules and applied them to ALL types of religious service, rather than considering that the type of service I went to on the day I should have been at the PA interview was something I couldn't have gone to at any other time. I wondered if anyone had any comments please? This is, as far as I can see, almost an infringement of Article 9 ECHR!

In addition to the question about why you could not speak to your advisor and re-arrange the appointment, it would be helpful if you could clarify which compulsory or obligatory church service happens between Monday and Friday or does not fall on a bank holiday - because if attendance is not an article of faith, then it is true that you could have gone to any church service. What was so important about this service that required your attendance?

cattermole

It does not evoke article 9 in IMO. They are note denying your right to Freedom of Thought, Conscience and Religion.

You are permitted to take holiday whilst on JSA (what you choose to do with that holiday is entirely your choice)

If you had been at work that is exactly what you would have had to have done in order to get time off for the same reason.

Therefore you should have made prior arrangements with the JC to change the appointment. If they refused to do this, the same could apply in a work situation an employer doesn't not have to grant holiday, if for example other staff had already booked holiday.

Torry_Quine

marybelle01 wrote: »

In addition to the question about why you could not speak to your advisor and re-arrange the appointment, it would be helpful if you could clarify which compulsory or obligatory church service happens between Monday and Friday or does not fall on a bank holiday - because if attendance is not an article of faith, then it is true that you could have gone to any church service. What was so important about this service that required your attendance?

I would also be very interested in the answer to this question.

marleyboy

considering that the type of service I went to on the day I should have been at the PA interview was something I couldn't have gone to at any other time.

Specifically what was the church service that you HAD to attend? I ask because I have never heard of a weekday service that is mandatory.

Cheeky_Monkey

Was it a Friday by any chance?

marleyboy

Cheeky_Monkey wrote: »

Was it a Friday by any chance?

What, Giro day?????