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ARTICLE · 14 JUNE 2018

The Worker's Evolution: Who Is A 'Worker' In Modern Workplaces?

Gowling WLG
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Modern business and working models have changed the face of the employment landscape. Half of the new jobs created since the economic down-turn are purportedly ‘self-employed'...

United KingdomEmployment and HR
Connie Cliff
Connie Cliff
Adam Chamberlain
Adam Chamberlain
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Modern business and working models have changed the face of the employment landscape. Half of the new jobs created since the economic down-turn are purportedly 'self-employed', but is that really the case?

The 'worker v independent contractor' debate has been a topic of great debate in recent years with a number of high profile cases against transport and courier companies including Uber, Deliveroo, CitySprint and eCourier. But it's not just drivers and riders. The Supreme Court has now taken a look at this issue in the case of Pimlico Plumbers Ltd v Smith.

The Supreme Court has upheld the decision of an employment tribunal (as did the Employment Appeal Tribunal and Court of Appeal before it) that a plumber who was self-employed for tax purposes was nevertheless a 'worker' under the Employment Rights Act (ERA) 1996 and the Working Time Regulations 1998 (claims for unpaid holiday pay and unlawful deduction of wages) and an 'employee' under the extended definition

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