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Woman who temporarily gives up work for childbirth still a worker


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Court of Justice of the European Union in Saint Prix v UK (Case C‑507/12):

Article 45 TFEU must be interpreted as meaning that a woman who gives up work, or seeking work, because of the physical constraints of the late stages of pregnancy and the aftermath of childbirth retains the status of ‘worker’, within the meaning of that article, provided she returns to work or finds another job within a reasonable period after the birth of her child.

Astonishing that the UK Government fought this one so hard in this day and age.

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Colin Yeo

Immigration and asylum barrister, blogger, writer and consultant at Garden Court Chambers in London and founder of the Free Movement immigration law website.


3 Responses

  1. Good decision but I have a quibble with that wording: “until a reasonable period after the birth of her child” would be better… otherwise the person’s status is dependant on a future event which is not only impossible to predict but could easily be outside their control.

    As it stands, someone might argue that if someone reaches the 5 years having given up their job for childbirth they can’t claim permanent residence straight away but have to wait and see if they find a job later.

  2. How long is a reasonable period? Does it also imply what actions the mother has taken after child birth in order to get a job? Does she have to show she is job seeking and has a genuine chance of succeeding in finding employment?

    Its all getting rather complicated now!