No EU law violation in treating ‘worker’ and ‘self-employed’ differently


Re: Hrabkova v Secretary of State for Work and Pensions [2017] EWCA Civ 794

In a case considering whether a request should be made to the CJEU for a preliminary ruling, the issue related to whether the fact that a child of an EU national was exercising their education right meant that the EU national had the same right to reside if they were a self-employed parent of this child as they do if they were a worker parent of this child. The appellant sought to show a right of residence in this way in order to claim Employment and Support Allowance. The Court of Appeal held that, as the CJEU draws a distinction between a worker and a self-employed person, that the courts cannot treat the statuses as identical. The doctrine of discrimination was found not to apply. Therefore the Court decided there should be no reference to the CJEU, and dismissed the appellant’s appeal.

Helen Mountfield QC was involved in this case.