The Court of Appeal said that the claimant was a worker because he was required to use the company's van for assignments, and was contractually obliged to do a minimum numbers of hours per week.
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The Supreme Court’s ruling could have far-reaching implications for workers in the “gig economy”.
The case concerns whether Gary Smith, who worked for Pimlico Plumbers for five years from 2005, was a worker or an independent contractor.
The term refers to a labour market characterised by short-term or freelance contracts, contrary to permanent jobs.
Other firms associated with the term ‘gig economy’ are Deliveroo, Uber and Hermes.
According to UK Employment law, a member of staff benefits from employee’s rights, including the minimum wage, annual leave, sick pay, National Insurance contributions and the statutory right to be offered a workplace pension.
Freelance members of staff receive holiday pay in lieu of annual leave and sick pay.
A company is not required to provide these to a self-employed independent contractor.
Pimlico Plumbers said that the hearing will have “significant ramifications” for UK employment law.
Gary Smith, the former Pimlico Plumbers worker, has already won a number of court rulings that allowed him to claim worker status, even though his contract listed him as a self-employed operative.
The Court of Appeal said that Mr Smith was a worker because he was required to use the company’s van for assignments, and was contractually obliged to do a minimum numbers of hours per week.
Following the situation, he brought legal claims against Pimlico Plumbers, involving holiday pay and unauthorised wage deduction.
The hearing will likely last a minimum of two days, and the ruling is expected within a few weeks.
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HeadlinePimlico Plumbers ‘gig economy’ case reaches Supreme Court
Short HeadlineSupreme Court hears 'gig economy' case
Standfirst
The Supreme Court’s ruling could have far-reaching implications for workers in the “gig economy”.
The case concerns whether Gary Smith, who worked for Pimlico Plumbers for five years from 2005, was a worker or an independent contractor.
The term refers to a labour market characterised by short-term or freelance contracts, contrary to permanent jobs.
Other firms associated with the term ‘gig economy’ are Deliveroo, Uber and Hermes.
According to UK Employment law, a member of staff benefits from employee’s rights, including the minimum wage, annual leave, sick pay, National Insurance contributions and the statutory right to be offered a workplace pension.
Freelance members of staff receive holiday pay in lieu of annual leave and sick pay.
A company is not required to provide these to a self-employed independent contractor.
Pimlico Plumbers said that the hearing will have “significant ramifications” for UK employment law.
Gary Smith, the former Pimlico Plumbers worker, has already won a number of court rulings that allowed him to claim worker status, even though his contract listed him as a self-employed operative.
The Court of Appeal said that Mr Smith was a worker because he was required to use the company’s van for assignments, and was contractually obliged to do a minimum numbers of hours per week.
Following the situation, he brought legal claims against Pimlico Plumbers, involving holiday pay and unauthorised wage deduction.
The hearing will likely last a minimum of two days, and the ruling is expected within a few weeks.
