Work in an Embassy or Consulate

Is anyone aware of any caselaw on whether an EU citizen employed in their own country’s embassy or consulate in the UK has worker status for the purposes of equal treatment or a Right of Residence?

I am not concerned with the position under the co-ordination rules nor the Article 45(4) exclusion on appointments to public service jobs.

Thanks.

Are they a posted worker?

No. The work has gone on for many years and the contract
is permanent.

So they pay UK tax and NI?

The DWP revised its decision, ie agreed worker status.

Grounds of Appeal were:

1.The fact that a worker is employed by the state is not relevant:
The nature of the legal relationship between the employee and the employer is of no consequence in terms of determining the former’s status as a worker: public law status (civil servants and public sector employees with a work relationship under public law) and private law contracts (also in the public sector) are covered
(European Commission Communication 13.7.2010, COM(2010)373 final).

2. The right to equal treatment in Regulation No 492/2011 applies to any EU worker in another member state.

3. The special provision on public employment in Article 45(4) TFEU applies only to appointments and not to equal treatment: Sotgiu C-152/73.