Plumber wins workers rights case

[Notch7]

Yup, could be precedent case.

Plumber Gary Smith has won a legal battle in claiming workers rights from the company he worked for, Pimlico plumbers.

Apparently the plumber is also a keen remainer and agrees fully with immigration and free movement of people.

 

[Notch7]

I forgot to say, he is also gas safe and member of the CC.

 

[transam]

Charlie Mullins is taking it to the European court , he is not happy

 

[Ihavenojob]

If he's employed by Pimloco, he should have a contract,pension,sick&holiday pay but not be able to work for anyone else & have a set working pattern.

 

[foxhole]

Possibly good news for Foster carers who have non of the usual benefits of the self employed.

 

[Notch7]

Apparently the plumber has earned £1/2 million in the last 6 years, so Im not sure he's that hard done by!

Generally a self employed person would be charging a significantly higher day rate than somebody on PAYE, which makes the difference between employment and self employed status.

Since the HMRC introduced CIS, they have generally not been bothered about employed status for contractors, although of course they would lose the employers NIC.

The reality is that in the construction industry, the vast majority of small builders and firms employ guys under CIS -those that continuously do biggish extensions etc probably have the same guys almost permanently, but CIS means they can do so without the headache of employment rights, PAYE, redundancy, pensions etc etc

It s quite different for the gig economy -those workers on low paid jobs with zero contracts -that is exploitation and needs dealing with. However it might make many of the flexible jobs available disappear and there are workers that appreciate the flexibility of doing a few hours to fit around their life.

There is a Hermes depot next to me at work and most of the delivery people seem to be mothers that arrive on their way back from the school run, so they are happy to have such work, on the other hand the pay is a pittance.

 

[Biker1959]

How you work determines whether you are employed or self employed- you or your boss cannot decide to be self employed just to pay less tax or national insurance. Anyone can see the difference between a school caretaker working 5 days 9-5 and fixing broken widows as and when required, and a joiner called in to repair a window who will travel to any school offering him work

 

[motorbiking]

Guys. you are missing a key fact. There are 3 types of employment status in this case, not 2. He’s not claiming that he was an employee but a worker vs self employed. I feel for the guy, pimlico was daft not to settle. It will cost him a lot more in damaged reputation.

Bloke works for six years has a heart attack and gets sacked when asks to reduce his hours? Nice.

The legal precedent established is that all plumbers are fat?

 

[Notch7]

Guys. you are missing a key fact. There are 3 types of employment status in this case, not 2. He’s not claiming that he was an employee but a worker vs self employed. I feel for the guy, pimlico was daft not to settle. It will cost him a lot more in damaged reputation.

Bloke works for six years has a heart attack and gets sacked when asks to reduce his hours? Nice.

The legal precedent established is that all plumbers are fat?

Yes that is true -I saw that last night, but had it hadnt sunk in! he is or was a 'worker' something between the 2.

 

[transam]

Any decision as to if u are self employed or employed have always been subject to the decision of a court when ever cases have been brought by inland rev

afaik any plumber working for Pimlio's or carrying out work for them., go through a holding company or 3rd party or middle man type company that is how they have attempted to circum navigate the issue ???

 

[ninjacat]

Interesting reading of the judgement -

his agreement stating he had to be available for 40 hours over 5 days per week etc. Must wear company uniform and drive GPS tracked liveried van. Substitution of labour was quite limited and considered an after thought, must inform operations if he was going to be unavailable for work or required annual leave, could be dismissed for gross negligence (how do you dismiss somebody who is not working for you?)- what a s#*t agreement.

https://www.supremecourt.uk/cases/docs/uksc-2017-0053-judgment.pdf

 

[Notch7]

afaik any plumber working for Pimlio's or carrying out work for them., go through a holding company or 3rd party or middle man type company that is how they have attempted to circum navigate the issue ???

ah yes paying the an umbrella company -called personal service companies.

They guarantee to sort out all the tax and payroll without any claim from HMRC -clearly its dodgy.

 

[JohnD]

Plumbers, eh?

 

[Hot&Cold]

The saga continues https://www.pimlicoplumbers.com/media/news

Charlie has previously announced his intention to stand as an independent candidate in the 2020 Mayor of London elections

 

[transam]

The saga continues https://www.pimlicoplumbers.com/media/news

Charlie has previously announced his intention to stand as an independent candidate in the 2020 Mayor of London elections

not a bad out come for the trade imho in particular the small companies / self employed