This is a really crucial point in our deliberations. The guidance that the Minister circulated to your Lordships says:
“Employee Shareholder vacancies should be treated in the same way as any other vacancy. If a claimant … fails to apply for or accept if offered an Employee Shareholder vacancy … the DM”—
the decision maker—
“will consider a higher-level sanction in the normal way”.
It could not be clearer that those not accepting these posts will be subject to sanctions. Therefore, in any meaningful sense, their decision is not a voluntary one.