Pimlico Plumbers engaged Mr Smith as a plumber for around five
and a half years. Four months after he suffered a heart attack,
Pimlico brought the engagement to an end. Mr Smith issued
proceedings in the employment tribunal for unfair dismissal,
wrongful dismissal, entitlement to pay during medical suspension,
holiday pay, unlawful deductions from wages and disability
discrimination. The tribunal listed the case for a preliminary
hearing to decide whether Mr Smith was an employee and/or a worker.
Mr Smith would require this status to continue the various
claims.
In terms of contractual documentation between the parties, there
was an agreement and a company manual. These provided that Mr Smith
was an independent contractor and was under no obligation to accept
work from Pimlico, and Pimlico was not obliged to offer him any
work. Mr Smith was subject to restrictive covenants, had to drive a
Pimlico branded van and had to wear a Pimlico uniform. Further, he
had to
