The Supreme Court decision on employment status

KEY POINTS

• The Supreme Court decides that a subcontractor plumber is a ‘worker’ and entitled to some employment rights.
• The opacity of the term means it is highly unlikely for an employer to categorise an individual as a worker.
• The Supreme Court did not agree that a high level of earnings was relevant to status.
• The case may have a significant impact on live legal actions in the gig economy.
• The verdict does not affect ongoing IR35 and status consultations because it relies on existing case law and the ‘badges of trade’ criteria.
• Will there be an appeal to the European Court of Justice?

On 13 June the Supreme Court handed down its unanimous verdict in the appeal brought by Pimlico Plumbers and its chief executive...