Forum Home → Discussion → Work capability issues and ESA → Thread
Polish national retained worker status and not entitled to ESA - please help
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
Was he signed on for JSA during the two weeks?
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
See Jol’s post Zuzana.
I think his appeal stands a very good prospect of success.
See Jol’s post Zuzana.
I think his appeal stands a very good prospect of success.
great thank you, that’s what I thought!