Social Welfare Consolidation Act 2005 section 332

Adjudications by social welfare tribunal

Section 332 sets out the factors the Labour Court must consider when adjudicating whether a claimant who lost work due to a trade dispute was unreasonably deprived of employment, and therefore entitled to jobseeker's payments.

• Before deciding, the Tribunal must consider all the circumstances of the work stoppage and the underlying trade dispute, including whether the claimant was available and willing to work but was unfairly deprived of employment by the employer's actions.
• Key factors include whether the employer prevented the claimant from attending work or laid them off without reasonable consultation, and whether the employer worsened terms and conditions of employment without adequate notice, thereby causing or materially contributing to the dispute.
• Having heard evidence from both sides, the Tribunal decides whether the claimant was unreasonably deprived of employment and, if so, whether they qualify for jobseeker's benefit, jobseeker's allowance or jobseeker's pay related benefit, and for what period.
• The Tribunal's decision is final, subject only to a High Court appeal on a point of law, but may be reviewed if material circumstances have changed or new evidence has emerged.