Pimlico Plumbers Ltd and another v Smith

Pimlico Plumbers Ltd and another v Smith

Mr Smith was a limb (b) worker under section 230(3) of the Employment Rights Act 1996, obliged to perform work personally, with only a limited right to substitute another Pimlico operative, and Pimlico was not a client or customer; the tribunal was entitled to find worker status and employment under the Equality Act.

Parties
Appellant: Pimlico Plumbers Ltd; Appellant: Mr Mullins; Respondent: Mr Smith
Jurisdiction
England and Wales
Judgment Date
13 June 2018
Procedural Posture
Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Worker Status, Personal Performance, Client or Customer Test, Umbrella Contract, Statutory Protection, Disability Discrimination
Employment Law Labour Law Discrimination Law Worker Status Personal Performance Client or Customer Test Umbrella Contract Statutory Protection +1 more

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Parties

Pimlico Plumbers Ltd

Appellant

Mr Mullins

Appellant

Mr Smith

Respondent

Procedural Posture

Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether Mr Smith was a 'worker' within the meaning of section 230(3) of the Employment Rights Act 1996
  2. 2 Whether Mr Smith was in 'employment' under section 83(2)(a) of the Equality Act 2010
  3. 3 Whether Pimlico Plumbers Ltd was a client or customer of Mr Smith

Ratio Decidendi

Mr Smith was a limb (b) worker under section 230(3) of the Employment Rights Act 1996, obliged to perform work personally, with only a limited right to substitute another Pimlico operative, and Pimlico was not a client or customer; the tribunal was entitled to find worker status and employment under the Equality Act.

Court Disposition

appeal dismissed

Orders

  • Mr Smith's substantive claims as a limb (b) worker may proceed to be heard in the tribunal