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Flexible hours contract and being a 'qualified' person

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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britkiwi
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Posts: 32
Joined: Sat Jun 25, 2016 10:51 pm

Flexible hours contract and being a 'qualified' person

Post by britkiwi » Thu Aug 18, 2016 6:43 pm

I've been offered a job with a flexible hours contract.

My contracted hours are 15 per week minimum but as my contract is for flexible hours I can work up to 36.5 per week.

How is this likely to affect me still be classified as a 'worker' and pass the MET/PET test?

I would rather be working than on JSA.

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Flexible hours contract and being a 'qualified' person

Post by noajthan » Thu Aug 18, 2016 6:52 pm

britkiwi wrote:I've been offered a job with a flexible hours contract.

My contracted hours are 15 per week minimum but as my contract is for flexible hours I can work up to 36.5 per week.

How is this likely to affect me still be classified as a 'worker' and pass the MET/PET test?

I would rather be working than on JSA.
The real test is whether work is genuine and effective rather than being marginal and supplementary.

The UK PET/MET tests are applied outside or above and beyond EU law and can be challenged.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

secret.simon
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Posts: 11259
Joined: Thu Feb 21, 2013 9:29 pm

Re: Flexible hours contract and being a 'qualified' person

Post by secret.simon » Thu Aug 18, 2016 8:27 pm

Has the Home Office started applying PET/MET tests to EEA migrants or is it a purely DWP implementation at the moment? While it has been discussed on these forums, I do not actually recall anybody getting rejected for Home Office EEA route applications on the grounds of not meeting PET/MET.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

britkiwi
Newbie
Posts: 32
Joined: Sat Jun 25, 2016 10:51 pm

Re: Flexible hours contract and being a 'qualified' person

Post by britkiwi » Thu Aug 18, 2016 8:32 pm

I'm not sure..

I was reading the following and looking through the 'guidance' so I'm unsure..

https://www.gov.uk/government/uploads/s ... _clean.pdf

Richard W
- thin ice -
Posts: 1950
Joined: Wed Oct 17, 2012 4:25 am
Location: Stevenage
England

Re: Flexible hours contract and being a 'qualified' person

Post by Richard W » Thu Aug 18, 2016 8:48 pm

secret.simon wrote:Has the Home Office started applying PET/MET tests to EEA migrants or is it a purely DWP implementation at the moment? While it has been discussed on these forums, I do not actually recall anybody getting rejected for Home Office EEA route applications on the grounds of not meeting PET/MET.
Akz and Aliuk100 are two cases that I found, though I don't believe we have the precise wording of the refusals. Of course, an application shouldn't be refused simply for not meeting the MET. Such a failure should merely be an indication that the circumstances should be examined in detail.

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