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]

Contact Us

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
March 2026 Round-Up
March 2026 Round-Up

Updates, Insights and Community News March has been a busy month at Phillips Law. Alongside firm updates, we are sharing practical guidance to help you plan ahead, reduce risk, and make ...

More
Phillips Law: Up and Running in Farnborough
Phillips Law: Up and Running in Farnborough

Phillips Law is now partnering with the Farnborough Half Marathon . We are delighted to strengthen our presence in the Farnborough community following the integration with Davies Blunde ...

More
Phillips Law Expands into Farnborough with Davies Blunden & Evans
Phillips Law Expands into Farnborough with Davies Blunden & Evans

Phillips Law has announced the acquisition of Davies Blunden & Evans (DBE), a long-established law firm serving the communities of Farnborough and Yateley. The acquisition, effectiv ...

More
Phillips Law Sponsors The Grange Festival Family Open Day
Phillips Law Sponsors The Grange Festival Family Open Day

Step Into the World of Opera Families across Hampshire are invited to experience a day of creativity, music, and discovery at The Grange Festival Family Open Day, proudly supported by P ...

More
Phillips Law Becomes BFA Advisor Member
Phillips Law Becomes BFA Advisor Member

Phillips Law is pleased to announce that the firm has become an advisor member of the British Franchise Association (BFA), the UK’s largest and most influential trade association for fr ...

More
Phillips Law Partnership with Knight Frank Schools Triathlon
Phillips Law Partnership with Knight Frank Schools Triathlon

We are delighted to announce that Phillips Law is the regional sponsor of the Knight Frank Schools Triathlon, supporting both the Charterhouse and Marlborough events. The Schools Triath ...

More