Case No. UKUT-00433-(IAC)

[2008] EWCA Civ 1440, given the absence of evidence of a contract for remuneration which meets the necessary criteria in European law to create such a relationship between the first appellant and either the DWP or the college. We conclude, therefore, that a person who attends an approved course is not employed. 37. It is, we accept, unclear from the evidence whether the courses were “vocational”, but given that they were mandated by the DWP to assist the appellant to obtain employment, as the respondent submits, it would be perverse to conclude that they were not. 38. Nor do we consider that by attending courses the appellant was in the alternative a “student” for the purposes of the EEA Regulations, given the requirement for comprehensive sickness insurance. It is not suggested by the appellants that such an insurance policy was in place, nor was there evidence thereof before the First-tier Tribunal.