Retained Worker status in the course of employment tribunal?

[astra_zeneca888]

Hi there
I would appreciate some advice and guidance.

My question is: Can one retain Worker status during a period of time while awaiting the outcome of an employment tribunal case (a case of unfair dismissal on grounds of maternity) and following a period of maternity leave? what is the maximum length of time that one can retain his status of a worker?

Some facts: I have worked for my last employer for longer than 12 months including maternity leave. I had a permanent employment contract. I attempted to register as involuntarily unemployed just before the expiration of 39 weeks paid maternity leave. Due to wrong advice given by Jobcentre Plus staff, I had to re-register 6 months down the line while still waiting the outcome of my employment tribunal case. The employment tribunal case lasted approximately 15 months from the date of submission to the date of last instalment received from employer.

It sounds like a complicated case, but I hope for your valued opinion(s).

Thank you.

[astra_zeneca888]

Any suggestions, anyone?
have you come across a similar case before?
Can you point me in the right direction, where to find more info on this topic?

Many thanks.

[dalebutt]

Are you an EU citizen? I cannot confirm if you will retain a worker status during the tribunal process, it will help if you provided a bit more details as to why you want to retain worker status or keen to know if you had retained it? for benefit purpose? or any other reason. There are couple of things to consider before one could give an opinion on the question.

[astra_zeneca888]

I can confirm that I am an EEA national, and the reason I am asking this question is as follows: I am considering to apply for PR documentation and I need to know how to correctly account for this period of time, as there is a gap between the end of my maternity leave and the date I signed on as a Jobseeker [01 Dec 2010 - 20th July 2011]. The employment tribunal hearing took place in Jan 2011 and last instalment received from my employer was on the 1st June 2011. On the 20th July 2011 I signed on for JSA at my nearest Jobcentre (relevant employment centre).

I am mostly concerned about the gap Dec 2010- July 2011...

Thank you.

[dalebutt]

If I understood you correctly, you received JSA for 7 months post maternity leave? you will retain worker status if after leaving your job you registered with the job centre as a job seeker, which as you have described you did, and did you continue to work after you signed off JSA?

Retaining worker status

071182 A worker retains worker status when he stops working if
1. he is temporarily unable to work due to illness or accident1 or
Note: The illness or accident which results in a worker being temporarily
unable to work must be suffered by that worker1.
1 CIS/3182/2005, para 20
2.
he is in duly recorded involuntary unemployment after having been employed in the UK, as long as he has registered as a jobseeker with the relevant employment office and
2.1 he was employed for a year or more before becoming unemployed
2.2 he has been unemployed for no more than six months or
2.3 he can provide evidence that he is seeking employment in the UK and has a genuine chance of being engaged2 or

[astra_zeneca888]

Thank you. Yes, I did register as unemployed after my maternity leave, but instead of JSA the staff at the Jobcentre Plus have asked me to complete a form for Income support instead (wrong advice), which eventually was refused (of course). So, I had to re-register for JSA after 7 months. So this is a reason why I have a gap of 7 months.

I am afraid you have misinterpreted my earlier statement.

- yes, there is a gap of 7 months between the end of my maternity and the date I signed on for JSA.

[dalebutt]

I don't think it should be a problem.

[astra_zeneca888]

The Judge in the First-Tier Tribunal (Social security chamber) has found that I retained status as a worker since I had tried to claim JSA. But I also know that Ukba is not bound by a decision made by a first-tier Tribunal in a Social security chamber..!

Is it a good idea to include the Judge's Decision notice with my application for PR?

Thanks.

[dalebutt]

It might be helpful, but I do not foresee any problem. Good luck.