The Industrial Cases Reports
[2018] ICR 1511
Supreme Court
Pimlico Plumbers Ltd and another
v
Smith
[2018] UKSC 29
2018 Feb 20,
21;
June 13
June 13
Baroness Hale of Richmond PSC, Lord Wilson, Lord Hughes, Lady Black, Lord Lloyd-Jones JJSC
Employment— Contract— Worker— Claimant contracting to provide services to company as self-employed operative— Company not obliged to provide work and claimant not obliged to accept work but required to notify company when unavailable— Company manual providing for normal working week of 40 hours— Operatives required to wear company uniform and pay monthly for use of company van and mobile phone— Claims for unlawful deduction of wages, holiday pay and disability discrimination— Whether claimant required to perform services personally— Whether company neither his client nor his customer— Whether claimant “worker”—
Employment Rights Act 1996 (c 18), s 230(3)(b)
—
Equality Act 2010 (c 15), s 83(2)(a)
—
Working Time Regulations 1998 (SI 1998/1833), reg 2(1)
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