Right to Work in UK Law
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Gm and Am (Eu National; Establishing Self-Sufficiency)
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The solution may be found in an examination of the underlying purpose that leads Community law to recognise the derivative right of free movement for family members of EU nationals exercising Treaty rights. Those rights, of course, apply to family members even if they are not themselves EU nationals.
Thus, the family member's presence in the UK (and right to work) is relied upon not in order to avoid a ‘clog’ or ‘chill’ on the exercise of the right of the EU national child but rather in order to create that very right itself – the right from which the family member then seeks to derive his own right to reside as her carer/parent.
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Nagle v Feilden
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The common law of England has for centuries recognised that a man has a right to work at his trade or profession without being unjustly excluded from it. He is not to be shut out from it at the whim of those having the governance of it. If they make a rule which enables them to reject his application arbitrarily or capriciously, not reasonably, that rule is bad.
No person can work at his trade or profession except by their permission. When a man is wrongly rejected or ousted by one of these associations, has he no remedy? I think he may well have, even though he can show no contract. The Courts have power to grant him a declaration that his rejection and ouster was invalid and an injunction retiring the association to rectify their error. He may not be able to get damages unless he can show a contract or a tort.
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Miles v Wakefield Metropolitan District Council
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The employer pays for work and the worker works for his wages. In an action by a worker to recover his pay he must allege and be ready to prove that he worked or was willing to work. In the present case the plaintiff disentitled himself for his salary for Saturday morning because he declined to work on Saturday morning in accordance with his duty.
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MA & Others (EU national; self-sufficiency; lawful employment)
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Second, we do not see any basis for deciding that income derived from the first and second appellants' current employment can establish their daughter's right to reside. The circularity in establishing the child's rights and then the parents' rights is no less apparent in these appeals. Here, the child's self-sufficiency is dependent upon her parents working. They only have a temporary basis for doing so for so long as they have limited leave and are permitted to work.
An EU national who claims to be self-sufficient is not asserting a right to enter and reside in another EU state on the basis of economic activity in that country. Rather, he relies upon his resources which exist independently of any economic activity in the host Member state. Once that is established, his family members have a derivative right to accompany or join him. In addition, the central EU legislative instruments give family members a right to work in that the host Member state.
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Immigration Act 2016
... ... ; to make provision about access to services, facilities, licences and work by reference to immigration status; to make provision about the ... ,(b) the adult mentioned in subsections (2) and (3) is a limited right occupier, and(c) the eligibility period in relation to that occupier has ... ...
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Employment Rights Act 1996
... ... 2, 3 (with reg. 5) ... Part I: Employment particulars ... Right to statements of employment particulars ... 1: Statement of initial ... intervals) ,(c) any terms and conditions relating to hours of work including any terms and conditions relating to—(i) normal working ... ...
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Coal Act 1938
... ... subsisting at the valuation date which confers ... a right to work and carry away both that ... coal or anthracite and those other ... ...
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Mines (Working Facilities and Support) Act 1923
... ... Power to grant right to work minerals which would otherwise be unworkable. 1 Power to grant ... ...
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The Personal Application of the Right to Work in the Age of Migration
The right to work is an important human right recognised by most major human rights instruments. It is, however, not clear whether and to what extent non-nationals can enjoy the right to work in th...
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Antecedents of union member retention in Right-to-Work environments
Purpose: States with Right-to-Work (RTW) law coverage have increased since 2012, with union membership decreasing. In such states, employees in union-represented positions cannot be required to be ...
- PROTECTION OF THE RIGHT TO WORK
- RIGHT‐TO‐WORK LAWS AND COMPULSORY UNION MEMBERSHIP IN THE UNITED STATES
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Right to Work guidance published
The Home Office has published a revised Code of Practice on preventing illegal working, covering the changes to the right to work check requirements for EEA citizens which come into effect on 1 Jul...
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Quiz: Statutory Right to Work Checks
Whilst you may be 100% confident that your employees have the Right to work in the UK, why not test your knowledge and understanding of how to check someone’s Right to work, in line with statutory ...
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COVID-19 Concession on UK Right-to-Work Checks Ends 17 May 2021
The UK Home Office announced that on 17 May 2021 the COVID-19 right-to-work concession allowing employers to conduct right-to-work checks by video call will end.
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COVID-19: Updated Right to Work and Right to Rent Checks
The UK Home Office on 30 March temporarily relaxed the right to work check requirements for employers due to the coronavirus (COVID-19) outbreak.
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Form SSCS4
Social security and child support forms, including notices of appeal to the Department of Work and Pensions, HM Revenue and Customs and the NHS Business Services Authority.... ... Notice of appeal against a decision of the ... Department for Work and Pensions – ... Recovery of NHS Charges in England and Wales ... You ... The Compensation Recovery Unit has the right to object to a late appeal if they think there are grounds to do this ... ...
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Form SSCS2
Social security and child support forms, including notices of appeal to the Department of Work and Pensions, HM Revenue and Customs and the NHS Business Services Authority.... ... Notice of appeal against a decision of ... the Department for Work and Pensions – Child Maintenance Group ... Print form ... You should use ... the right to appeal against the decision? ... If No, please ensure you have read the ... ...
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Form SSCS3
Social security and child support forms, including notices of appeal to the Department of Work and Pensions, HM Revenue and Customs and the NHS Business Services Authority.... ... Notice of appeal against a decision of the ... Department for Work and Pensions – Compensation Recovery Unit ... Print form ... You should ... have the right to appeal against the decision? ... If No, please ensure you have read the ... ...
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Appeal a social security benefits decision (Notice of appeal)
Social Security and Child Support forms including notices of appeal to the Department of Work and Pensions and HM Revenue and Customs.... ... Find the right form at: www.gov.uk/appeal-benefit-decision ... Appeal online ... You can ... First name ... Organisation (if they work for one) ... Address line 1 ... Address line 2 ... Address line 3 ... ...