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The Gazette article above states

“The Supreme Court’s decision paves the way for Smith to take action against Pimlico Plumbers as a worker, including a claim that he was unfairly dismissed.”

The employment tribunal found that he was a worker, and so entitled to bring certain claims, but that he was not an employee and could not claim for unfair dismissal. Mr Smith cross appealed that point as far as the EAT, where he lost on that issue. He did not appeal it further.

The Supreme Court judgement makes clear that he can’t pursue a claim for unfair dismissal. That much is clear from reading the first few paragraphs, or just the press release.

This article is therefore wrong in that respect. I am tempted to comment that the profession should be entitled to expect an accurate statement of the law from its own publication.

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