Pregnancy - Right to Reside - Scope of Saint Prix

Last updated: September 17, 2015

UPDATE: The Upper Tribunal has allowed the appeal - the judgment can be downloaded on the right of this page [2015] UKUT 0502 (AAC).  Judge Ward found that the "reasonable period" for which a woman can have a right to reside during pregnancy and the aftermath of childbirth is 52 weeks (and not 26 weeks as proposed by the Secretary of State), subject to individual circumstances. There will be a summary of the judgment in the October 2015 edition of CPAG's Welfare Rights Bulletin.

ADR v SSWP CIS/1288/2012 (Upper Tribunal (Administrative Appeals Chamber))

CPAG is representing one of three linked appeals in an Upper Tribunal test case concerning the scope and application of the European Court of Justice’s decision in Saint Prix C507/12.

In Saint Prix, the ECJ decided 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’ under EU law.”

In this appeal, the Upper Tribunal is to consider how this ruling applies and the lawfulness of the DWP’s Guidance in DMG Memo 25/14.

The hearing in the Upper Tribunal took place on 19 March 2015.  The appellants were represented by Adrian Berry and Desmond Rutledge of Garden Court Chambers.