Pregnancy - Right to Reside - Scope of Saint Prix | CPAG

Pregnancy - Right to Reside - Scope of Saint Prix

17 September 2015

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

CPAG represented 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 considered 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. The Upper Tribunal allowed the appeal UKUT 502 AAC [2015].  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