May not be a “Game Changer” but!

A plumber has won a legal battle for working rights in a Supreme Court ruling expected to have huge ramifications for freelance workers.

Gary Smith had worked solely for Pimlico Plumbers for six years. Despite being VAT-registered and paying self-employed tax, he was entitled to workers’ rights, the court ruled.

The ruling will be closely read by others with similar disputes, many of whom work for firms in the so-called gig economy. An employment tribunal was “entitled to conclude” that Mr. Smith was a worker, the court ruled. As a worker, Mr. Smith would be entitled to employment rights, such as holiday and sick pay.

Pimlico Plumber’s chief executive Charlie Mullins said he was “disgusted by the approach taken to this case by the highest court in the United Kingdom”.

Mr Mullins said: “This was a poor decision that will potentially leave thousands of companies, employing millions of contractors, wondering if one day soon they will get a nasty surprise from a former contractor demanding more money, despite having been paid in full years ago.

“Even with a high-level decision like this, to a degree, the issue of employment status in the gig economy is up in the air.

“The government is consulting on this issue and may bring forward legislation. So it’s quite possible that Parliament may overrule this decision within the next few months or years.”

Whilst ‘Not a game changer’ in itself as individual cases will continue to be argued on their own merits, however for businesses that rely on self-employed contracts, that means further uncertainty.

The Supreme Court ruling means that an employment tribunal can now proceed to examine Mr. Smith’s action against Pimlico Plumbers as a worker, including a claim that he was unfairly dismissed.

If you’re about to recruit or have existing staff who are self-employed or without an employment contract and would value advice then let us know!

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