Genuine and effective work

Hi

Is there a regulation about how often this test needs to be applied? Is it due to changes in circumstances? Would someone be subject to a new test when they return from maternity leave for example? I have a woman who was working full time prior to maternity. On her return to a zero hour contract after maternity she received no hours and they have applied a genuine and effective test from the day she returned. They are saying she is no lnger in genuine and effective employment however it is the same job she previously did wich had proved to previously genuine and effective. However she had previously passed the test and her UC has stopped following this decision, she is EEA national

Thanks

I think this is worth challenging.
From what you have said she was still in “worker status” while on maternity leave as she stayed under the contract of employment - so she wouldn’t have had to show that she retained worker status while being in later stages of pregnancy/ period after giving birth.
As such if it’s the same contract of employment, same job, then I would think the DWP should look at the whole facts of the case including her original contract, her employers intentions etc as to how many hours originally etc.

Anyone else agree? Or have an alternative idea?

I think mycatismo is right. The DWP’s own guidance emphasises that decision makers should consider a range of factors, not just the number of hours.

“The DM should take account of all work done in the UK and consider, amongst other things 1. the period of employment 2. the number of hours worked 3. the level of earnings 4. whether the work was regular or erratic.” (C1362, DWP ADM Chapter C1)