Pimlico Plumbers and Anor v Gary Smith [2017]

Posted In: Case Law
  • Decision Number
    EWCA Civ 51
  • Legal Body
    England and Wales Court of Appeal (EWCA)
  • Type of Claim / Jurisdiction
    Absence and Sickness, Discrimination, Contracts of Employment, Working Time, Tribunal Practice, Procedures and Jurisdictional Issues
Issues covered: Employment Status; Self-Employed; Worker; Right to Sick Pay and Holidays; Employment Rights Act 1996; Working Time Regulations 1998; Equality Act 2010

The question on this appeal is whether the Employment Tribunal (“the ET”) was correct to hold in a decision dated 16 April 2012 that the respondent, Gary Smith, was a worker within the meaning of S.230(3)(b) of the Employment Rights Act 1996 (“the ERA”) and regulation 2(1) of the Working Time Regulations 1998 (“the WTR”) and his working situation fell within the definition of “employment” in S.83(2)(a) of the Equality Act 2010 (“the EA”) during the period that he worked for Pimlico Plumbers Limited (“PP”).

As put by the Master of the Rolls in this Court of Appeal case, "The case puts a spotlight on a business model under which operatives are intended to appear to clients of the business as

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This article is correct at 13/02/2017

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