Smith v Pimlico Plumbers Ltd [2021]

Posted In: Case Law
  • Decision Number
    UKEAT/0211/19/DA
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Working Time and Leave, Tribunal Practice, Procedures and Jurisdictional Issues
Issues covered: Holiday Pay; Time Limits

The claimant worked as a plumbing and heating engineer for the respondent company.   The respondent contended that the appellant was a self-employed independent contractor without entitlement to paid annual leave. The claimant had taken unpaid annual leave, and this led to a series of cases against the respondent.  In related hearings, the Supreme Court held that those individuals were workers (see Pimlico Plumbers Ltd v Smith [2018] UKSC 29) rather than independent contractors.  The claimant’s holiday pay claim then returned to the Tribunal but it was dismissed on the basis that it was out of time.   The Tribunal did not consider the CJEU decision in King v

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This article is correct at 22/03/2021
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Jason Elliott BL
Barrister

The main content of this article was provided by Jason Elliott BL. Email jasondelliott@outlook.com

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