WORKERS’ RIGHTS SUPREME COURT RULING
WORKERS’ RIGHTS SUPREME COURT RULING

19 June 2018

In what has been described as a landmark ruling, a plumber has won a legal battle in the Supreme Court, which could have implications for workers’ rights.

Gary Smith claimed at an Employment Tribunal that he was unfairly dismissed by London-based Pimlico Plumbers when he attempted to reduce his hours following a heart attack.

The case revolved around the distinction between Mr Smith’s status as either a self-employed contractor or a worker for the company.

The Tribunal made a preliminary finding that he was a staff worker and should be entitled to rights including sick and holiday pay, even though he was VAT-registered and paying self-employed tax.

This was because Mr Smith had to wear a Pimlico Plumbers uniform and drive a branded van. He also had to follow instructions from the company, not pass the work to another person and because the clients paid Pimlico for Mr Smith’s work.

This decision was upheld by the Employment Appeal Tribunal and by the Court of Appeal in January 2017.

The Supreme Court’s decision made on 13 June, 2018, reinforces Mr Smith’s rights to sick and holiday pay and means he can now continue with his original employment tribunal claim.

Many believe the case could have implications for so-called ‘gig economy companies,’ like taxi cab app business Uber and online food delivery company Deliveroo, which connect their customers to their staff without taking any responsibility for them as employees or indeed workers.

However, Gill Brown, Head of Employment Law at Phillips Solicitors warns that this may not apply to other similar complaints that are currently going through the Employment Tribunals system. The Supreme Court warned that each case will be judged on its own facts.

The Government is currently consulting on this issue and may bring forward legislation, so watch this space.

Gill and her team are on hand to offer advice on any employment-related questions, for employers and employees. Gill can be contacted on her direct line 01256 854605 or by emailing [email protected]

Have more questions?
Our expert solicitors are here to take the worry off your hands.
Please call us or email and we’ll get back to you as soon as possible.
News
Phillips Law in the Legal 500 – 2025
Phillips Law in the Legal 500 – 2025

Phillips Law is delighted to have been featured across six departments in the Legal 500 for 2025. The Legal 500 is a globally recognised legal directory that ranks law firms and individ ...

More
Phillips Law urges local families to plan ahead to reduce their inheritance tax bill
Phillips Law urges local families to plan ahead to reduce their inheritance tax bill

Latest figures from HMRC show that inheritance tax receipts have risen by 7.2% since last year. By taking advantage of available tax reliefs and planning carefully, families can make su ...

More
Should I go to family mediation?
Should I go to family mediation?

There are many reasons why you may be considering family mediation. Perhaps a friend has recommended it or you have heard that you ‘have to go to mediation’ but the chances are that you ...

More
Use it or lose it – making use of your annual allowance
Use it or lose it – making use of your annual allowance

The Annual Allowance With the end of the current tax year fast approaching, anyone wishing to use their 2023/24 (and potentially their 2022/2023) annual allowance in relation to gifts o ...

More
Phillips Law urges people to get writing a Will off their to-do list.
Phillips Law urges people to get writing a Will off their to-do list.

This week (4 – 8 March) is Update your Will Week Phillips Law is encouraging people to consider the risks of not having a Will following new research revealing nearly half of UK adults ...

More
PHILLIPS LAW ACTS ON THE GRANT OF THE NEW AA HEADQUARTERS AT PLANT, BASINGSTOKE
PHILLIPS LAW ACTS ON THE GRANT OF THE NEW AA HEADQUARTERS AT PLANT, BASINGSTOKE

Phillips Law is delighted to have advised Mactaggart Family & Partners and Longstock Capital Limited on a multi-million-pound agreement for lease with The AA to move their headquart ...

More