Gig economy workers get a tap result in court fight
BY MARK ELLIS A PLUMBER has won a court battle with bosses – in a ruling that will help thousands of workers in the “gig” economy.
The Supreme Court ruled that Gary Smith, who worked for London firm Pimlico Plumbers for nearly six years on a self-employed basis, was in fact a worker.
That status entitles staff to the minimum wage, sick pay, holiday pay and protection against discrimination.
Lord Wilson said: “Although the contract did provide him with elements of operational and financial independence, Mr Smith’s services to the company’s customers were marketed through the company.
“More importantly, their terms enabled the company to exercise tight administrative control over him, impose fierce conditions on when and how much they paid to him and restrict his ability to compete with them for plumbing work following any termination of their relationship.”
The ruling will have implications for workers acting as “independent contractors”, including those at gig economy firms such as Uber and Deliveroo.
TUC general secretary Frances O’Grady said: “This case has exposed how widely sham selfemployment has spread.
“Bad employers are using every trick in the book to deny staff basic rights.
“It’s time to end the Wild West in the gig economy.”
Smith said Pimlico tried to reduce his hours after he had a heart attack in 2011 and he was unfairly dismissed.
Charlie Mullins, chief executive of the firm, said: “It was a terrible decision. They had an opportunity to rectify our out-of-date employment rights and they bottled it.
“The case is not over. I will be talking to my lawyers about where we go from here.
“We could possibly go to a European court of law.”