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Friday 10 February 2017 11:08 am

Pimlico Plumbers loses appeal in employment status case

By: Caitlin Morrison

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Pimlico Plumbers has lost its court appeal over the employment status of one of its workers.

The case was brought after a ruling in favour of one of the company's "self-employed" plumbers, Gary Smith.

Smith had worked as a "self-employed" plumber for the Charlie Mullins-owned company for six years and in 2010, after suffering a heart attack, tried to reduce his hours and start working three days a week, rather than five.

The firm refused his request, and took back the Pimlico Plumbers van that Smith had hired.

The original employment tribunal found that Smith not an employee, but was a "worker".

Today, the BBC reported that the Court of Appeal agreed, ruling that Smith was a worker and was therefore entitled to basic workers' rights.

Pimlico Plumbers has been contacted for comment.

This ruling follows a similar decision made by the court last year in relation to Uber drivers. In October 2016, an employment tribunal said drivers for the ride-hailing app should be afforded workers' rights, in what union leader Maria Ludkin called a "monumental victory".

She added the "loophole" around hiring "self-employed" staff had "allowed unscrupulous employers to avoid employment rights, sick pay and minimum wage for their staff".

Meanwhile, Deliveroo riders are also preparing to take legal action over their employment status, working with the same lawyers who secured victory for the Uber drivers.

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