Delivering the judgment, Lord Wilson said: ÂAlthough the contract did provide him with elements of operational and financial independence, Mr SmithÂs services to the companyÂs customers were marketed through the company.
ÂMore importantly, its term enabled the company to exercise tight administrative control over him during his periods of work for it to impose fierce conditions on when and how much it paid to him, which were described at one point as his wages and to restrict his ability to compete with it for plumbing work following any termination of their relationship.
ÂWe hold that the tribunal was entitled to conclude that the company cannot be regarded as a client or customer of Mr Smith. So Mr Smith wins the case and the [employment] tribunal can proceed to examine his claims as a worker.ÂÂ
There ought to be a spate of claims…now as perhaps the Gig economy is forced to improve workers rights
