Worker status

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  • #39429
    kqsuited
    Participant

    Good Morning,
    I have a case (originally A8, unsure whether completed 12 months prior to May11). Claim date 17/06/11. Unusual pattern of wages but basically nil pay onto hol pay onto SSP onto nil pay.

    History I have is from early April 2011 when with an agency but received no pay (I assume this due to lack of work and unsure how long had been on nil pay).
    Cusotmer then started to receive accrued holiday pay from about 25 April to the end of May11 and then immediately went onto SSP until mid July and appears to be on nil pay again.

    I need more info from July but does holiday pay (preceeded by no pay due to lack of work) count as remunerative work and give worker status and if so, I assume that worker status retained throughout period of incapacity?

    #112261
    mickn
    Participant

    From my understanding a worker is someone that is self-employed or employed in a contract.

    The type of pay to a degree is irrelevant. What is relevant is the person is in a contract and that you consider the work to be genuine and effective.

    The example of a a person on maternity who receives nil pay see circular G2/2010, it is the contract that is the defining point of being in work and that the employment remains open and that the person has the option to return to work.

    I mention genuine and effective because where a person works for a temp agency and have a contract if they undertake very little work you could consider the work not to be genuine and effective and so treat them as not a worker. This may be relevant to your situation where little payment for work is undertaken.

    You are correct there is to little to give a difinitive answer I would ask to see the contract of employment and ask questions regarding the duration without earnings.

    Regulations wise the Immigration (EEA) Regulations 2006 5+6 are of interest to your question.

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