Smith v Pimlico Plumbers Ltd and another

Employment tribunal – Jurisdiction. The Employment Appeal Tribunal (the EAT) heard a cross-appeal by the respondent and an appeal by the appellant employer. In respect of the cross-appeal, the EAT upheld the decision of the employment tribunal that the respondent was not an employee and therefore the tribunal had no jurisdiction to entertain claims for, inter alia, unfair dismissal. Consequently, the respondent's cross-appeal against that decision was dismissed. In respect of the appeal, the EAT upheld the tribunal's decision that the respondent was a 'limb b' worker as defined in s 230(3)(b) of the Employment Rights Act 1996, thereby entitling the tribunal to entertain claims for, inter alia, direct disability discrimination. Accordingly, the appellants' appeal was dismissed.

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