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Reaction: The Pimlico Plumbers Case

Judgment was handed down today in the renowned Pimlico Plumbers case that has received a lot of media attention.

At the heart of the case is one very simple question: how do we define what a worker is?

The answer involves a careful analysis of the circumstances surrounding the relationship, the contract and even things like whether a person has to wear a uniform as part of their job.

Gary Smith was described by Pimlico Plumbers as a “self-employed operative” but that didn’t make any difference to the Supreme Court who found that he was actually a worker and therefore entitled to a whole host of extra rights.

A key part of the decision was that Smith was performing a “personal service” and even though that wasn’t written into the contract, references to “your skills” meant that the definition could apply.

This doesn’t mean that everyone in the gig economy from your Uber driver to your Deliveroo delivery person is now a worker but the decision undoubtedly puts them on a stronger footing if a similar case is brought before and Employment Tribunal.

It is likely that these companies will now tighten their contracts in response to the decision but the next important step will be the potential for a legislative solution from Parliament. The Taylor Review from last year has already provided an analysis of the situation but it is now up to the government to translate these words into action.