Retained worker status?

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    Neil Adamson

    In dire need of some good advice.

    We have a claimant from Latvia who arrived in UK 28.07.04.

    Has supplied workers reg card wef 12.05.05 and a cert from 08.01.06. States he left his employer wef 31.05.07 but has no evidence to confirm this.

    The claimant states he gave up work as he decided to commit suicide. He booked himself into a hotel and lived off his savings and when they were gone made an unsuccessful suicide attempt. Has now been awarded Inacp ben from 28.07.07 but has no medical insurance.

    We have two sets of course notes which are not consistent and would really like some opinions.


    He appears to have worked legally with a registration certificate for over 12 months, which means that he can retain his worker status while out of work in the same circumstances as any other European worker.

    Those circumstances include being temporarily incapable of work due t illness or accident and, assuming everything you have been told is true, he appears to be suffering from an illness.

    It looks to me as if he does retain his worker status

    Neil Adamson

    Thanks for that.

    Our only concerns have been the lack of evidence.

    Firstly we have nothing to substantiate his period of employment and the gent doesn’t like us asking questions – he keeps stating he has already passed the HR test and that should be it.

    Secondly how far do you go regarding why he left work? Is the fact that he decided to commit suicide indicative of no longer being able to work? To be honest that is not a decision I would be comfortable arguing and as such would probably prefer to pay.

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