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Flexible hours contract and being a 'qualified' person

Posted: Thu Aug 18, 2016 6:43 pm
by britkiwi
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.

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

Posted: Thu Aug 18, 2016 6:52 pm
by noajthan
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.

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

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

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

Posted: Thu Aug 18, 2016 8:32 pm
by britkiwi
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

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

Posted: Thu Aug 18, 2016 8:48 pm
by Richard W
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.