Smith v Pimlico Plumbers Ltd Posted In: Case Law
Legal BodyEmployment Appeal Tribunal (UKEAT)
Type of Claim / JurisdictionWorking Time, Pay, Tribunal Practice, Procedures and Jurisdictional Issues, Leave
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  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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