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We updated you in our February 2017 Newsletter Employment status & the ‘self-employed’ plumber on the Court of Appeal’s decision in Pimlico Plumbers & Charlie Mullins v Gary Smith.
The Court of Appeal decided that a plumber, Mr Smith, who was self employed for tax purposes, could nevertheless be categorised as a ‘worker’ for employment purposes. This was despite the fact that Mr Smith was labelled as a ‘self-employed operative’ and described in documentation as an independent contractor and in business on his own account.
The Supreme Court has upheld the above Court of Appeal decision that a ‘self-employed’ plumber could be categorised as a ‘worker’ for employment purposes.
In summary, the Supreme Court held that although on the face of the contractual relationship Mr Smith appeared self-employed, the reality of the working relationship was that he was a worker. This decision gives Mr Smith important employment rights.
Central to this finding was the fact that:
As this is an important decision we’ll be sure to update you in further detail in our June Newsletter. So watch this space…
Tags: employment status, Pimlico Plumbers & Charlie Mullins v Gary Smith
Categories: Employment Law
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