Pimlico Plumbers Ltd & Anor v Smith [2017] EWCA Civ 51 (10 February 2017)

Pimlico Plumbers Ltd & Anor v Smith [2017] EWCA Civ 51 (10 February 2017)

The Court held that Mr Smith was a 'worker' within the meaning of section 230(3)(b) of the Employment Rights Act 1996, regulation 2(1) of the Working Time Regulations 1998, and section 83(2)(a) of the Equality Act 2010. The express terms of the 2009 Agreement required personal service, and there was no unfettered right of substitution. The degree of control, integration, and restrictions imposed by Pimlico Plumbers were inconsistent with Mr Smith being in business on his own account. The Employment Tribunal was entitled to find worker status and was not wrong in law or principle.

Citation
[2017] EWCA Civ 51
Parties
Appellant: Pimlico Plumbers Limited; Appellant: Charlie Mullins; Respondent: Gary Smith
Jurisdiction
England and Wales
Judgment Date
10 February 2017
Procedural Posture
Appeal From Employment Appeal Tribunal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Worker Status, Employment Rights, Personal Service, Contractual Interpretation, Self Employment, Disability Discrimination
Employment Law Labour Law Equality Law Worker Status Employment Rights Personal Service Contractual Interpretation Self Employment +1 more

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Parties

Pimlico Plumbers Limited

Appellant

Charlie Mullins

Appellant

Gary Smith

Respondent

Procedural Posture

Appeal From Employment Appeal Tribunal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Mr Smith was a 'worker' under section 230(3)(b) of the Employment Rights Act 1996 and regulation 2(1) of the Working Time Regulations 1998
  2. 2 Whether Mr Smith's working situation fell within the definition of 'employment' in section 83(2)(a) of the Equality Act 2010
  3. 3 Whether the contractual arrangements amounted to employment, worker status, or self-employment

Ratio Decidendi

The Court held that Mr Smith was a 'worker' within the meaning of section 230(3)(b) of the Employment Rights Act 1996, regulation 2(1) of the Working Time Regulations 1998, and section 83(2)(a) of the Equality Act 2010. The express terms of the 2009 Agreement required personal service, and there was no unfettered right of substitution. The degree of control, integration, and restrictions imposed by Pimlico Plumbers were inconsistent with Mr Smith being in business on his own account. The Employment Tribunal was entitled to find worker status and was not wrong in law or principle.

Court Disposition

Appeal dismissed

Orders

  • The decision of the Employment Tribunal that Mr Smith was a worker is upheld.
  • No remission to the Employment Tribunal for further findings.