Worker status: Pimlico Plumbers Supreme Court judgment – statement from Mishcon de Reya

The Supreme Court has now handed down its judgment in the Pimlico Plumbers worker status case.

Mishcon de Reya Employment Partner Susannah Kintish, who has been leading the case for Pimlico Plumbers against Gary Smith since it began in 2011, said:

"This judgment does not lay down any new principles of law around worker status. Instead, all eyes will be on the government as businesses await legislation on how to categorise their workforce – something which could still be a matter of years away. In the meantime, the gig economy continues to evolve and existing employment law is rendered increasingly unfit for purpose.

"The Supreme Court Justices have made it clear that this judgment is very specific to the unique facts of the case. It will therefore do little to stem the flow of litigation around worker status which, in the absence of any overarching principles, will need to be determined on the specific circumstances of each case.

"Individuals operating in the gig economy need certainty that they have been categorised correctly, and businesses are equally keen to get this right from the outset, recognising that doing so is in their own interests. Balancing a flexible workforce with the control required to protect a brand will continue to present a significant challenge for businesses, with many likely to be disappointed that this judgment does not plug any legislative gaps."

Mishcon de Reya contributed to the government consultation on the gig economy at the beginning of this month.

Please contact charlotte@the10group.co.uk / 020 7637 0656 for more information/ an interview with Susannah