When does a ‘self employed’ person become a worker with protected rights?

When does a ‘self employed’ person become a worker with protected rights?

In Pimlico Plumbers Ltd v Smith the Court of Appeal has held that a plumber, who was self-employed for tax purposes, as in fact a worker, entitling him to various employment rights. The Facts of the Case Mr Smith worked as a plumber for Pimlico Plumbers for six years until 2011. He successfully argued before the Employment Tribunal and the Employment Appeal Tribunal that he was a worker for the purposes of employment legislation. Pimlico maintained that he was a "self-employed operative" – which is how he was described in the agreement between Mr Smith and Pimlico – and appealed to the Court of Appeal. The Judgement Whilst Mr Smith had a 'self employed' contract and he filed tax returns and paid VAT on this basis, he was considered a worker…
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