Following threads passim - eg http://www.rightsnet.org.uk/dc/dcboard.php?az=show_topic&forum=103&topic_id=5151&mesg_id=5151&page=

has anyone got any practical experience/advice on how to go about this without making a JSA claim? In fact, without making an IS claim either? It's something I need my client to be able to do, but something I can forsee JC+ staff baulking at....

Isn't this rather like people who don't qualify for any sort of JSA registering for unemployment credits only? You have to be in the labour market to retain worker status, just as you would for credits, even if you don't claim the benefit, so it would involve doing everything but getting the benefit (signing on, job search, etc). Unless you retain worker status you don't have R2R, and this does not mean becoming economically inactive.

Why is it that they don't want the JSA?

Tue 19-Feb-08 09:22 AM by past caring 1

Client has an IS appeal pending.

She won at tribunal last year, was inadequately reped, making it easy for SoS to obtain set-aside. She's got a new hearing at the end of March and a new rep (me ).

Facts are as follows.

Polish national, came to UK April '04. Commenced registered work (no doubt as to it being genuine and effective) in May '04 and continued in same employment until unfairly dismissed in March '07. No doubt as to unfairness - decision of ET that dismissal was on grounds of pregnancy.

My argument is that client, had she not been unlawfully deprived of the opportunity, would have taken the full ordinary maternity leave and additional maternity leave commencing end of May '07. When on such leave she would have been a worker in fact - rather than "treated as". Therefore cannot be deprived of that status by an act of discrimination which is unlawful under both UK and EC law - has a RTR.

Therefore doesn't need to register at present. But beyond the 52 week maternity leave period, she might - I'm just thinking ahead.

I'm not convinced, though, that adriane is right that someone who registers as involuntarily unemployed does have to take identical steps to those of someone claiming JSA. I don't think there's any support for that proposition in UK or EC law.