×
Sunday, October 18, 2026

Frontline UK Employment Law Update Edition 11 2021 - Case Updates - Lexology

1. Smith v Pimlico Plumbers Ltd [2022] EWCA Civ 70 - LINK

In this significant decision, particularly for businesses engaging contractors on a self-employed basis, the Court of Appeal (“CA”) overturned the decisions of the Employment Tribunal (“ET”) and the Employment Appeal Tribunal (“EAT”) and found that a plumbing and heating engineer was, as a worker within the Employment Rights Act 1996 definition, entitled to up to four weeks’ paid leave for every year worked without limitation, where such leave has been taken but not paid. Until now the position confirmed by the Court of Justice of the European Union (“CJEU”) in King v Sash Window Workshop Ltd was taken to limit this principle to leave which had not been taken, but this decision extends the principle to cover leave taken by the worker for which payment has not been made by the employer. Mr Smith’s claim for 74,000 of holiday pay succeeded.

In this decision, the Employment Appeal Tribunal (“EAT”) upheld an Employment Tribunal (“ET”) decision that a taxi worker, who worked as a London black cab driver for the majority of their time, but also took passenger bookings through the Mytaxi app, was not considered a worker under section 230(3) of the Employment Rights Act 1996 (“ERA”).

The Claimant, worked as a self-employed black cab driver in London, under a TfL issued license. For a period he used the Mytaxi app owned bythe Respondent but was removed from the app in April 2018. During that period the Claimant did not rely...



Read Full Story: https://www.lexology.com/library/detail.aspx?g=3f2e6c19-7a84-44ea-bc1d-4ec270...