- A landmark decision was made at the Supreme Court this month in relation to the now famous Pimlico Plumbers V Smith case. The Court upheld the previous decision that the employment tribunal initially made that Gary Smith was a worker for Pimlico Plumbers rather than being self-employed. This is despite the fact that he was paying self-employed tax and was VAT registered. Individuals with worker status are entitled to a national minimum wage, holiday pay and protection from discrimination. The finding in this case is in line with a number of recent decisions in relation to workers in the gig economy. It is another big red flag for employers reminding them that simply labelling workers as self-employed does not guarantee the corresponding legal status.
- In the case of Hextall v Chief Constable of Leicestershire Police, a male worker claimed that his employer had discriminated against him because of his sex as he was only entitled to receive statutory shared parental pay, when the employer paid enhanced maternity pay. The Employment Appeal Tribunal ruled that it is not direct sex discrimination to offer men on shared parental leave statutory pay while at the same time offering enhanced maternity pay. However the employee also made a claim a claim of indirect sex discrimination which will be heard again meaning that the question of indirect discrimination remains unresolved. There will be a future tribunal to consider this so look out for this judgement as it could have implications for rates of parental pay.