BY TOBY PORTER
A plumber has lost his employment tribunal even though the Supreme Court backed his claim that he was on the staff of a company who said he was self-employed.
Pimlico Plumbers has won an Employment Tribunal in Croydon, brought by one of the firm’s former plumbers, Gary Smith, who believed he was entitled to holiday pay.
The tribunal rejected his claim, and Pimlico is now considering reclaiming its tribunal costs from Mr Smith.
Chief executive Charlie Mullins said he would donate the cash to charity, as well as wanting to sue for reputational damages.
The claim first arose eight years ago when Mr Smith sued Pimlico for employment rights, culminating in a landmark ‘gig economy’ hearing in the UK Supreme Court, where Mr Smith was deemed to be a worker and entitled to certain employment rights.
Pimlico chief executive Mr Mullins, a prominent anti-Brexit campaigner, said: “While the Supreme Court deemed him to be a ‘worker’ and entitled to associated rights, the tables have been turned and common sense prevailed in the actual Employment Tribunal and Mr Smith has been told that he wasn’t entitled to a penny.
“This decision is a vindication of everything that Pimlico Plumbers stands for.
It also sends a message to those who have taken advantage of this case to peddle their poisonous bile about my company, and that they are in truth just a bunch of small-minded haters.
I think that I have a case to sue for damages since there are some serious and obvious issues of reputational harm at stake here, which I am eager to pursue.
After the tribunal’s decision I have asked my lawyers to go after costs from Mr Smith, which will be donated to charity.
“I also would like to once again make it very clear that Pimlico engineers are the best paid in the industry, with average earnings topping £100,000 per annum, with many able to earn far more.”
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