Pimlico Plumbers workers’ rights case draws to close in Supreme Court
The highly-reported Pimlico Plumbers case will draw to a close today in the UK Supreme Court.
The case, which disputes workers’ rights after Pimlico Plumbers engineer Gary Smith claims he was unlawfully dismissed, has brought about much-needed discussion over the divide between employees, workers and the self-employed. This discussion also covers what rights each is entitled to.
Mr Smith worked for the company between 2005 and 2011, and after suffering a heart attack in 2011, he wanted to reduce his working hours. Pimlico refused this request and took away the branded van Mr Smith hired from the company. Pimlico Plumbers later dismissed Mr Smith.
Upon appealing his case for unfair dismissal, while he was contracted as self-employed, he won several court rulings under the Court Of Appeal allowing him to claim “worker” status under the 1996 Employment Rights Act. This decision was made under the basis that Mr Smith was required to use the Pimlico Plumbers van for call-outs and was contractually obliged to work a minimum number of hours a week. These are impositions which could not be done if he was self-employed.
This ruling meant he would be entitled to certain rights which he would not be eligible for if self-employed, including:
- National minimum wage.
- Holiday pay.
- Sick pay.
- Rest breaks.
Pimlico Plumbers and its founder Charlie Mullins are appealing this decision in the Supreme Court. Mr Mullins has said that plumbers were hired on the basis they were self-employed and provided their own materials, thus waving their right to workers’ benefits.
A judgement is expected to be made in early March.
Workforce review
The Pimlico Plumbers case could be the beginning of big changes to how businesses engage their self-employed workers. At SHMS Contracting, we offer a free workforce review. This allows you to ensure your processes are contractually sound and all your workers are engaged correctly. Click here for more information – don’t leave it to chance and stay compliant today!
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