Smith v Pimlico Plumbers Ltd [2022]

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 18^th December 2010 to 4^th January 2011.  His employment was subsequently terminated in May 2011. The claimant