A self-employed plumber has today won the latest stage in a legal fight over his employment status in a case which his solicitor says could affect the legal status of others. And it could have a massive impact on you as a Specialist Contractor if you employ subcontract labour.
Gary Smith, who worked for London-based Pimlico Plumbers for six years until 2011, had already won a tribunal case after challenging the company’s view that he was self-employed.
The Court of Appeal has now rejected an appeal by the firm – a decision welcomed by unions but which could concern employers including you.
Mr Smith’s lawyer Jacqueline McGuigan said it could affect other workers in a similar position, and that “The decision brings welcome clarity to the issue of employment status relating to work in parts of the economy.”
Mr Smith worked for Pimlico Plumbers for six years until 2011 when he claims he was dismissed following a heart attack.
He took his case to a tribunal which found he was a “worker” and therefore entitled to employment rights.
The case centred on whether people engaged as self-employed contractors should be classed as workers. Pimlico Plumbers boss Charlie Mullins said he “We will be looking at the full judgment and there is a good chance we will appeal to the Supreme Court.”
Mr Mullins said it was not likely to affect the current workforce as the case referred to a contract six years ago and the company’s contracts had changed since then.
A leading employment lawyer has already said that “This is a significant ruling for the workers at Pimlico but it will also concern for lots of other companies too”
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Whatever happens next, this is significant ruling which could have serious ramifications for your business.
It certainly highlights the potential dangers of having defective contracts in place for anyone you employ on a “self employed” basis.
As one of our Buddies we are offering you a no-cost, no obligation review of your employment terms and conditions. But, please note that following this ruling we expect demand to be high.
Therefore, we are operating on first come first served basis, so please email us now on email@example.com to book your place on the list for a call back from our employment law specialist.
We look forward to keeping you up to date and helping you to resolve all your business problems, so please feel free to give us a call on 01773 712116.