Pimlico Plumbers Ltd v Smith

A plumber who was required to perform work personally, and was subject to tight control, was a worker, even though he was treated as self employed for tax purposes.

Citation
[2018] UKSC 29, [2018] ICR 1511
Court
Supreme Court
Year
2018
Subject
Employment Law
Topic
Employment status

Facts

Mr Smith worked as a plumber for Pimlico Plumbers for about six years. His agreement described him as a self employed operative, and he paid his own tax and provided his own tools and van. However, he had to wear the company's uniform, drive a van with its logo, work a minimum number of hours, and follow its instructions. He had only a limited right to send a substitute, which was another Pimlico operative. After he had a heart attack and asked to reduce his hours, his engagement ended, and he brought claims including disability discrimination.

Legal principle

The Supreme Court held that Mr Smith was a worker within the Employment Rights Act 1996 and in employment under the Equality Act 2010. Lord Wilson said that the dominant feature of the contract was an obligation of personal performance, because Mr Smith's right of substitution was limited to replacing himself with another Pimlico operative, so he was not free to send anyone he chose. Pimlico was not a client or customer of Mr Smith's business, because of the tight control it exercised over him, including over his appearance, his working hours and the payment terms.

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