Smith v Pimlico Plumbers Ltd [2022]

Posted In: Case Law
  • Case Reference
    EWCA Civ 70
  • Legal Body
    England and Wales Court of Appeal (EWCA)
  • Type of Claim / Jurisdiction
    Contracts of Employment, A-Typical Working, Pay, Leave
Issues covered: Holiday pay; Employment Status

The claimant worked for the respondent as a plumbing and heating engineer from 2005 until 2011.   The respondent maintained that the claimant was self-employed and had no rights as a ‘worker’ under the Working Time Regulations 1998.  The Supreme Court, however, ruled that the claimant was a worker.  This case related to the holiday pay claim that the claimant had initially brought.

The claimant routinely took unpaid holiday at Christmas time, during Summer holidays and on bank holidays.   The last point at which the claimant took leave was from 18th December 2010 to 4th January 2011.  His employment was subsequently terminated in May 2011. The claimant

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This article is correct at 03/02/2022
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Jason Elliott BL
Barrister

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

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