Pimlico Plumbers has been granted permission to challenge a Court of Appeal decision over the employment status of one of its former self-employed plumbers.
In February, the Court of Appeal found in Pimlico Plumbers and Charlie Mullins v Gary Smith that Smith was a worker rather than a self-employed contractor and was entitled to certain employment rights, including holiday pay.
The Supreme Court will now review that decision. Law firm Mishcon de Reya, which is representing Pimlico Plumbers, commented that: ‘The Supreme Court will therefore have to wrestle with important but difficult public policy questions about the type of worker that UK employment law is supposed to protect, and the impact such protections have on UK businesses.’
It noted that the law on employment status had been confused for a long time and that many courts and tribunals had relied on the ‘worker’ status when faced with an atypical working arrangement.
‘It is hoped that the Supreme Court will offer clear guidance and go some way to clarifying the law in this area,’ stated the firm.
Charlie Mullins, CEO of Pimlico Plumbers, welcomed the Supreme Court’s decision to hear the case. ‘It is my determined aim to convince the Supreme Court that by using self-employed status, Pimlico Plumbers is doing nothing wrong, and what’s more is both morally and legally in the right,’ he said.
He added that the outcome of the case could have far reaching ramifications for thousands of UK businesses and workers.
No date has been set for the hearing.