A former Pimlico Plumbers engineer who was held by the Supreme Court to be a worker rather than self-employed has nevertheless lost his tribunal claim for £74,000 in holiday pay.
Croydon employment tribunal held last week that Gary Smith had not filed his claim for backdated holiday pay in time; he should have claimed within three months of each holiday period.
His lawyer said he did not know he was entitled to paid leave until after he stopped working for the company.
Neil Tonks, legislation expert at payroll software company MHR, said the ruling ‘represents a real blow to individuals in the gig economy looking to make similar claims, who have been wrongly classed as selfemployed for some time and are totally unaware of what rights they do and don’t have.’
‘The case again highlights how new agile models of working have left many people in the dark about their employment status and the need for greater clarity,’ Tonks added.
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