US News Supreme Court decision due in landmark case over plumber’s employment status

10:15  13 june  2018
10:15  13 june  2018 Source:   msn.com

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Pimlico Plumbers legal row reaches UK' s highest court as plumber argues he was not The Supreme Court hears landmark case over Pimlico Plumbers worker status While being contracted with self- employed status he suffered a heart attack

Pimlico Plumbers is appealing against those decisions at a Supreme Court hearing which started on Tuesday. At today' s # SupremeCourt case against former Pimlico contractor Gary Smith, who is demanding # employment rights despite signing a self- employed contract.

Pimlico Plumbers chief executive Charlie Mullins outside the Supreme Court, London, in February (PA/Victoria Jones) © Provided by The Press Association Pimlico Plumbers chief executive Charlie Mullins outside the Supreme Court, London, in February (PA/Victoria Jones)

The UK’s highest court is to deliver its ruling in a landmark case it is said will have “huge ramifications” for the so-called gig economy.

Gary Smith, a plumber who worked for Pimlico Plumbers for nearly six years from 2005, has already won a number of court rulings that determined he could claim “worker” status even though he was described in his contract as a “self-employed operative”.

As a “worker”, he would be entitled to employment rights including holiday and sick pay. Pimlico Plumbers appealed against those decisions at a Supreme Court hearing in February.

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“We welcome the decision of the committee. The Supreme Court is due to deliver a judgment on Wednesday in a landmark case brought by firm Pimlico Plumbers , which it is said could have “huge ramifications” for employment law.

The Supreme Court is due to deliver a judgment on Wednesday in a landmark case brought by firm Pimlico Plumbers , which it is said could have “huge ramifications” for employment law.

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Chief executive Charlie Mullins said at the time the firm’s case was different from others involving the status of employees, including delivery and taxi drivers, but will have “huge ramifications” on employment law for a number of industries.

Supreme Court president Lady Hale and four other justices will give their decision in London on Wednesday.

Mr Smith was one of 125 contractors Pimlico Plumbers could call on to carry out jobs for its customers and had a company uniform and van which he rented. He claimed that, after suffering a heart attack in 2011 and trying to reduce his hours, he was unfairly dismissed and a tribunal made a preliminary finding that he was a “worker” within the meaning of the 1996 Employment Rights Act.

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The Supreme Court is due to deliver a judgment on Wednesday in a landmark case brought by firm Pimlico Plumbers , which it is said could have “huge ramifications” for employment law.

That decision was upheld by the Employment Appeal Tribunal and again by the Court of Appeal in February last year. The Court of Appeal found Mr Smith was a worker because he was required to use the firm’s van for assignments and was contractually obliged to do a minimum number of hours a week.

File photo dated 03/09/07 of a Pimlico Plumbers sign. © PA File photo dated 03/09/07 of a Pimlico Plumbers sign.

At the February hearing, lawyers for Pimlico Plumbers and Mr Mullins argued the previous rulings were wrong to conclude Mr Smith was a worker.

Thomas Linden QC told the five Supreme Court justices Mr Smith was a “skilled tradesman” and therefore in a strong position as a self-employed contractor able to command high earnings.

He added: “In this case the question is whether the provisions relating to employment apply to the claimant.”

Mr Smith’s legal team argued the previous decisions were correct and should be upheld.

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Plumber wins landmark employment rights case .
A plumber has won a landmark legal case that is likely to have widespread implications for workers on self-employment contracts. Gary Smith, who worked for Pimlico Plumbers full-time for six years, took his case to the Supreme Court, over his entitlement to rights such as sick pay.The five Supreme Court justices rejected an appeal by Pimlico Plumbers against a number of court rulings that determined he could claim "worker" status, even though he was described in his contract as a "self-employed operative".

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