Employee or Self Employed?July 9, 2018 12:07 pm | This post was written by mmadigital | Posted in: Company and commercial, Dispute resolution, Employment, General news, Salehs news
The definition of a worker and someone who is self-employed has been a hot topic in employment law.
In recent news, it has been reported that a plumber has won a legal battle for working rights in a landmark Supreme Court decision. This decision may have an impact upon other so called freelance workers and provides us with more clarity as to the definition of a worker.
The facts of the case are that Gary Smith who had worked for Pimlico Plumbers for six years wanted to cut down his working hours from five days to three days a week after he suffered from an illness. However, the firm refused, took away his branded van (which he had hired) and he claimed he was dismissed.
Mr Smith was granted entitlement to workers’ rights by the Supreme Court, despite him being VAT-registered and paying self-employed tax. As he was wearing a uniform in his job role, worked a 40 hour week and was subject to disciplinary rules and post-termination restrictions this defined him as a worker because his employer had a significant amount of control over his activities. He can now proceed with his unfair dismissal claim.
The decision could potentially set a precedent for future similar cases although it differs from the Uber and Deliveroo cases we have blogged about in the past.
What can you do?
It is vital to look at the way a business operates and the precise nature of the relationship between the organisation and the people who work for it to determine someone’s employment status.
We can review your contracts and relationships and provide advice on entitlements to employment rights such as minimum wage, sick pay and holiday pay.
Please contact Linda Saleh on firstname.lastname@example.org or 0161 434 9991.