I have quite a few EU clients whose HRT status was affected by the pandemic, because they were not able to work and earn enough to be assessed by DWP as in genuine and effective employment or self-employment. I have few appeals in the system.
Are you getting any sense how those pandemic-related interruptions to employment will be treated by the Judges?
I always argue that neither period of employment, nor level of earnings, or number of hours by themselves should be a deciding factor- that the whole picture should be taken into consideration, but someone who ended up doing 7 hrs a week because his employer did not have enough work them might look as not genuinely and effectively employed.
To be clear, I am not talking about those who lost a job and were able to argue “retained worker” etc. I am just talking about those who ended up working just 2 days a week, for example, and have no other R2R grounds.