Pimlico Plumbers Ltd & Anor v Smith (Contract of Employment : Whether established) [2014] UKEAT 0495_12_2111 (21 November 2014)

Pimlico Plumbers Ltd & Anor v Smith (Contract of Employment : Whether established) [2014] UKEAT 0495_12_2111 (21 November 2014)

The claimant was not an employee due to lack of mutuality of obligation and financial risk, but was a 'limb b' worker as he was obliged to provide personal service, was integrated into the respondent's business, and did not have an unfettered right to substitute; thus, the Employment Tribunal had jurisdiction over claims available to workers.

Citation
[2014] UKEAT 0495_12_2111
Parties
Appellant: Pimlico Plumbers Ltd; Appellant: Mr C Mullins; Respondent: Mr G Smith
Jurisdiction
United Kingdom
Judgment Date
21 November 2014
Procedural Posture
Employment Appeal Tribunal / Appeal From Employment Tribunal Decision
Outcome
Appeal dismissed in respect of worker status; cross-appeal dismissed in respect of employee status.
Legal Topics
Worker Status, Contract of Employment, Disability Discrimination, Holiday Pay, Unauthorised Deductions, Reasonable Adjustments
Employment Law Equality Law Worker Status Contract of Employment Disability Discrimination Holiday Pay Unauthorised Deductions Reasonable Adjustments

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Parties

Pimlico Plumbers Ltd

Appellant

Mr C Mullins

Appellant

Mr G Smith

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the claimant was an employee or a worker under section 230(3)(b) Employment Rights Act 1996
  2. 2 Whether the Employment Tribunal had jurisdiction to hear claims for unfair dismissal, wrongful dismissal, medical suspension pay, particulars of employment, disability discrimination, holiday pay, and unauthorised deductions

Ratio Decidendi

The claimant was not an employee due to lack of mutuality of obligation and financial risk, but was a 'limb b' worker as he was obliged to provide personal service, was integrated into the respondent's business, and did not have an unfettered right to substitute; thus, the Employment Tribunal had jurisdiction over claims available to workers.

Court Disposition

Appeal dismissed in respect of worker status; cross-appeal dismissed in respect of employee status.

Orders

  • Employment Tribunal has no jurisdiction over unfair dismissal, wrongful dismissal, medical suspension pay, particulars of employment claims.
  • Employment Tribunal has jurisdiction over claims for direct disability discrimination, failure to make reasonable adjustments, holiday pay, and unauthorised deductions.