WERNER ANDERSON IS A DANISH NATIONAL WERNER

Werner Anderson Case



Werner Anderson Case

a) Werner Anderson is a Danish national who is presently residing in Copenhagen with his wife and two children aged 7 and 12. He intends to come to the UK in search of work. He has been offered work at a Danish restaurant in London. If he accepts this position Werner must work 20 hours each week and in return he will receive board and lodgings and 163;200.00 per week wages. Advise Werner whether the British Immigration authorities will allow him to work at the restaurant.

Ans. The Community has been particularly legislatively proactive in achieving this aim, and a wealth of secondary legislation has been passed to build upon the foundation Treaty Articles; the most notable are listed below. Regulation 1612/68 Worker's Rights Directive 68/360 Residence Permits Regulation 1251/70 Right to Remain After Employment Directive 64/221 Justification for Exclusion The definition of what exactly constitutes a 'worker' is particularly wide: Levin (Levin v Staatssecretaris van Justitie (1982)) and Kempf (Kempf v Staatssecretaris van Justitie (1986)) were both part-time workers, Lawrie-Blum (Lawrie-Blum v Land Baden-Wüttenberg (1986)) was a trainee and Steymann (Steymann v Staatssecretaris van Justitie (1988)) was working in a commune for no pay, yet they were all found by the ECJ to be workers, despite Kempf having his earnings supplemented by the state. Only for Bettray (Bettray v Staatssecretaris van Justitie (1989)) has the ECJ not found the position to be that of a worker (the job was created especially for an addict and so was thus social employment). As long as someone is working for an employer for remuneration, they will be held to be a worker. Once a person is classified as a worker they are subject to a whole gambit of rights under Regulation 1612/68, ...