Barry v Southwark London Borough Council [2008] EWCA Civ 1440, [2008] All ER (D) 243 (Dec)
Court of Appeal, Civil Division, Arden, Thomas and Lloyd LJJ, 19 December 2008
Community law gives the term “worker” a very wide interpretation. Work will be subsidiary or ancillary if it is done pursuant to some other relationship between the parties which is not an employment relationship. The duration of the employment is a factor to be taken into account, but not conclusive, in determining whether someone is a “worker” for the purposes of the Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006 (SI 2006/1294) (the Eligibility Regulations).
Richard Gordon QC and Adrian Berry (instructed by Pierce Glynn) for the claimant. Kerry Bretherton (instructed by London Borough of Southwark Legal Services) for the local authority.
Section 185(1) of the Housing Act 1996 provided that a person was not eligible for social housing if he was a person from abroad who was ineligible for housing assistance. However, reg 6 of the Eligibility Regulations provided that a “worker” who was not subject to immigration control
