Plumber wins workers' rights battle against Pimlico Plumbers


Gary SmithImage copyright
XP Plumbing and Heating

Image caption

Gary Smith is entitled to basic workers’ rights, the Supreme Court ruled

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 such as Uber drivers.

The court ruled in London on Wednesday that an employment tribunal was “entitled to conclude” that Mr Smith was a worker.

As a worker Mr Smith would be entitled to employment rights, such as holiday and sick pay.

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

Mr Smith, from Kent, began his battle with Pimlico Plumbers when he wanted to reduce his hours following a heart attack in 2010.

He wanted to cut the five-day week, which he had been signed up to work with the firm, to three.

However, the firm refused and took away his branded van, which he had hired. He claims he was dismissed.



Source link

Leave a Reply