A plumber has won his tribunal case for working rights in the latest court ruling over employment status.
Garry Smith brought the case against Pimlico Plumbers after they turned down his request to reduce his working days following a heart attack. Mr Smith won his tribunal case and the Court of Appeal has agreed with the verdict, ruling that he was a worker rather than self-employed and therefore entitled to national minimum wage, paid holiday and the ability to bring discrimination claim.
Employment law consultant Emma O’Leary says: “This further reinforces the line that Tribunals are taking regarding employment status following on from the Uber and CitySprint rulings. In this case Mr Smith was VAT registered and was not on PAYE yet the court still considered him a worker rather than self-employed. This demonstrates that even if both parties initially believe and agree that there is no employment relationship, the Tribunal and HMRC can still imply one.
“This verdict reinforces the need for future clarification and consideration of employment status and means that employers need to ensure that those in their employ who may be classified as workers are entitled to basic employment rights.”