Supreme Court decides on self-employed workers’ rights, with comment from BDA
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- Published: Thursday, 14 June 2018 07:32
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A plumber has won a legal battle for working rights in a Supreme Court ruling, the BBC reports. He had worked solely for Pimlico Plumbers for six years. Despite being paying self-employed tax, he was entitled to workers’ rights, the court ruled. Whether this case will have ramifications for self-employed dentists working as associates is unknown.
The BBC said the ruling would be closely read by others with similar disputes, many of whom work for firms in the so-called gig economy. A spokesperson for the BDA said: “We know many in the profession will be considering the implications of this ruling. Certainly while plumbers and associate dentists have some similarities there are also very significant differences in the way they work. Associate dentists are the backbone of the dental workforce. We are now looking carefully at the detail of this judgement, and will keep our members abreast of the latest developments.”
An employment tribunal was "entitled to conclude" that Mr Smith was a worker, the court ruled. As a worker Mr Smith would be entitled to employment rights, such as holiday and sick pay. Mr Smith, from Kent, began his battle with Pimlico Plumbers when he wanted to reduce his hours following a heart attack in 2010. He wanted to cut the five-day week, which he had been signed up to work with the firm, to three. However, the firm refused and took away his branded van, which he had hired. He claims he was dismissed.
A spokesperson for the BDA said: “We know many in the profession will be considering the implications of this ruling. Certainly while plumbers and associate dentists have some similarities there are also very significant differences in the way they work.
“Associate dentists are the backbone of the dental workforce. We are now looking carefully at the detail of this judgement, and will keep our members abreast of the latest developments.”
Tim Goodwin of law firm Winckworth Sherwood cautioned that the ruling may not apply to other complaints. "Even with a high level decision like this, to a degree the issue of employment status in the gig economy is up in the air. The government is consulting on this issue, and may bring forward legislation. So it’s quite possible that Parliament may overrule this decision within the next few months or years."
The Association of Independent Professionals and the Self-Employed (IPSE) said the Government should write into statute a positive definition of self-employment to avoid the type of uncertainty over who is and who isn’t a contractor which led to this case.
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