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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Polish national retained worker status and not entitled to ESA - please help

Sue123
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EEA Family Support, Children's Centre Calderdale

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Total Posts: 135

Joined: 16 February 2015

Hi,
I need a bit of advice.
I believe that my client has retained worker status but I could be wrong.
he was employed for 3 months through an agency and then didn’t work for about 2 weeks, however was still registered with the agency and waiting to be called to a job. He had an accident in those 2 weeks when he didn’t work and became temporarily unable to work. He is now again working but JCP said he didn’t retain his worker status and wasn’t entitled to ESA.
He is going to tribunal but I would like to know for sure if he really did retain his worker status or if I am wrong here.
thank you

Elliot Kent
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Shelter

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Was he signed on for JSA during the two weeks?

Sue123
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EEA Family Support, Children's Centre Calderdale

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Total Posts: 135

Joined: 16 February 2015

Hi, no he didn’t sign on JSA because he expected to get more work. I was told that not always gaps are fatal, especially if someone expects to get more work, they don’t always have to sign on JSA straight away.
What do you think? What argument can he use at the tribunal?
thank you

1964
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Deputy Manager, Reading Community Welfare Rights Unit

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See Jol’s post Zuzana.

I think his appeal stands a very good prospect of success.

Sue123
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EEA Family Support, Children's Centre Calderdale

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Total Posts: 135

Joined: 16 February 2015

1964 - 08 March 2016 03:11 PM

See Jol’s post Zuzana.

I think his appeal stands a very good prospect of success.

great thank you, that’s what I thought!