BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?

No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!



BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Upper Tribunal (Administrative Appeals Chamber)
You are here: BAILII >> Databases >> Upper Tribunal (Administrative Appeals Chamber) >> Secretary of State for Work and Pensions v VB and another (UC) (European Union law - free movement - workers) [2024] UKUT 212 (AAC) (17 July 2024)
URL: http://www.bailii.org/uk/cases/UKUT/AAC/2024/212.html
Cite as: [2024] UKUT 212 (AAC)

[New search] [Contents list] [Printable PDF version] [Help]


Secretary of State for Work and Pensions v VB and another (UC) [2024] UKUT 212 (AAC) (17 July 2024)


The First-tier Tribunal's decision was set aside due to the reversing by the Supreme Court of the Court of Appeal's decision in Fratila. 3 grounds were advanced before the UT why the decision should be remade in the claimants' favour: (a) self-employment, (b) self-sufficiency and (c) retained worker status. Ground (a) required a consideration of the relevance of preliminary steps towards setting up a business under art.49 TFEU. R(IS) 6/00 applied. On the facts the claimant had done enough to advance matters beyond a mere idea to taking initial steps towards setting up the business, which was enough. In the alternative, the claimants succeeded on ground (b) following a Brey-style assessment; it carried weight that the difficulties were temporary in character. Ground (c) required the claimant to show that there had been no undue delay in registering with the jobcentre. In fact it took her 14 months, but even if (without deciding) a Saint Prix period would have exempted her from the need to comply with the requirement of art.7(3) of Directive 2004/38 while it was running, she could not qualify for a Saint Prix period. She would have needed to have retained worker status up to the start of it and the delay in registering up to the start of any putative Saint Prix period was on the facts "undue" and worker status was lost.

A HTML version of this file is not available click here or view below the pdf version : [2024] UKUT 212 (AAC)

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/uk/cases/UKUT/AAC/2024/212.html