POSTED: February 14 2017
Update on the quacking ducks – New Tribunal judgement

Update on the quacking ducks – New Tribunal judgement

ADVO recently outlined changes to how employment status is viewed. A recent employment tribunal ruling has reinforced the differences of how employers, employees and the courts view self-employment.

Our recent new story, Employment tribunal implications and the quacking duck, highlighted how the Gig economy is set to undergo radical change has been further reinforced by a recent Appeal Judgement.

The Court of Appeal has dismissed an appeal by Pimlico Plumbers by upholding that plumber Gary Smith is a worker rather than a self-employed contractor, entitling him to workers’ rights such as access to reasonable adjustments and holiday.

The court of appeal rejected an appeal lodged by Pimlico Plumbers who had argued Smith was an “independent contractor” rather than a worker or employee.

The Employment Tribunal found that Smith was employed as a worker rather than as a self-employed contractor. Following the ET’s ruling, Pimlico Plumbers and Mullins, chief executive at the organisation, appealed and Smith cross-appealed to the Employment Appeal Tribunal (EAT). The appeal and cross-appeal were both dismissed.

Smith’s solicitor, Jacqueline McGuigan, said “the ruling held wider implications for gig economy firms such as Deliveroo or Uber, both of which are embroiled in rows over employement status.”

The rejection of the appeal has been widely reported in the mainstream media.

 

How this was reported in the mainstream media:

Guardian Newspaper: Pimlico Plumbers loses appeal against self-employed status

https://www.theguardian.com/business/2017/feb/10/pimlico-loses-appeal-against-plumbers-worker-status-in-gig-economy-case

ITV: Pimlico Plumbers loses court appeal over former worker who was ‘dismissed after heart attack’

http://www.itv.com/news/2017-02-10/pimlico-plumbers-loses-court-appeal-over-former-worker-who-was-dismissed-after-heart-attack/

Judgement:

https://www.judiciary.gov.uk/judgments/pimlico-plumbers-v-gary-smith/

ADVO original news story: https://news.advogroup.co.uk/employment-tribunal-implications-and-the-quacking-duck/