HC Deb 01 April 1985 vol 76 cc490-1W
Mr. Evans

asked the Secretary of State for Social Services (1) how many people who voluntary resigned from the employment of the National Coal Board during the course of the 1984–85 miners' strike were subsequently refused unemployment benefit; and if he will list the numbers involved by region;

(2) how many people who voluntarily resigned from the employment of the National Coal Board during the course of the 1984–85 miners' strike are still being refused unemployment benefit; and if he will list the numbers involved by region.

Mr. Newton

This information is not available and could be obtained only at disproportionate cost.

Mr. Evans

asked the Secretary of State for Social Services if he will explain the basis on which claimants who resigned from the employment of the National Coal Board during the course of the 1984–85 miners' strike are still being refused unemployment benefit.

Mr. Newton

A person who loses his employment as a result of a stoppage of work due to a trade dispute at his place of employment is disqualified for receiving unemployment benefit unless he can show that he is not participating in or directly interested in the dispute. Such disqualification continues for as long as the stoppage of work continues, unless he finds genuine work elsewhere in his normal occupation or becomes regularly engaged in some other occupation.

A miner subject to disqualification before he resigned, therefore, remains disqualified for receiving unemployment benefit until the stoppage of work ends. It is for the independent adjudicating authorities to decide whether the stoppage has ended in the light of the caselaw and of the situation at each individual place of employment.