European law draws a distinction between member state nationals who have not yet entered into an employment relationship in the host member state where they are looking for work and those who are already working in that state or who, having worked there but no longer being in an employment relationship, are nevertheless considered to be workers.
‘the rights guaranteed to migrant workers do not necessarily depend on the actual or continuing existence of an employment relationship’.
Judges:
Lord Mackenzie Stuart, P
Citations:
C-39/86, R-39/86, [1988] EUECJ R-39/86, [1988] ECR 3161
Links:
Statutes:
Cited by:
Cited – Collins v Secretary of State for Work and Pensions CA 4-Apr-2006
The claimant had dual Irish and US nationality. He therefore also was a citizen of the EU. He complained that the British rules against payment of job seekers’ allowance were discriminatory. The matter had already been to the ECJ.
Held: The . .
Cited – Prix v Secretary of State for Work and Pensions SC 31-Oct-2012
The claimant had come from France to England, and worked as a teaching assistant. She set out on a course to train as a teacher but became pregnant, gave up the course, and eventually gave up work temporarily. Her claim to Income Support was refused . .
Lists of cited by and citing cases may be incomplete.
European, Benefits
Updated: 21 June 2022; Ref: scu.215610