If you remember, this case is where Mr Smith, a plumber engaged under a self-employed contract by Pimlico Plumbers claimed that he was a worker (and thus entitled to holiday pay) rather than being fully self-employed. The case has been dragging through the courts since 2011, culminating with Mr Smith winning a Supreme Court judgement supporting his case last June.
The claim was returned to the Croydon employment tribunal to determine its actual value – and the tribunal rejected the claim saying that under their regulations each claim for holiday pay should have been lodged within three months of each holiday period. Given that the period in question dates back to 2005, Mr Smith is time barred from receiving a penny of what was forecast to be a claim worth around £74,000!
Not surprisingly Charlie Mullins, owner of Pimlico Plumbers is cock-a-hoop at the decision, and, also not surprisingly, Mr Smith has announced that he will appeal against the decision!
You couldn’t make it up!!