The case of Gary Smith v Pimlico Plumbers reached the dizzy heights of the Supreme Court.  Which way did the Supreme Court decide?  Well, the judgment was – once again – in favour of Mr Smith.  The lower tribunals had decided that he was a worker.  The Supreme Court agreed.  What do you think?

Mr Smith worked for Pimlico Plumbers for six years.  His own business was VAT-registered and he paid tax as a self-employed person.  But the Employment Tribunal in which this case was first heard decided that he was a ‘worker’ and the Supreme Court decided this was a decision the Tribunal was entitled to make.  Mr Smith is therefore entitled to employment rights such as holiday pay and sick pay under the statutory scheme.

Mr Smith’s case is now to go back to the Employment Tribunal to have his case for unfair dismissal heard.  With a judgment in such a high level court, there may be a rush of claims by those who work in the same way as Mr Smith.  This case is already one of many, and we have already heard of the cases against Deliveroo, Uber, City Sprint and others.

If you are self-employed and need advice on your employment status, why not give us a call and we will be able to help.  Are you an employer and do you want to avoid being taken to Tribunal for this type of case?  Give us a call and we will advise you about how to do this.

 

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