Yes. In Plimlico Plumbers-v-Gary Smith it was decided by the Supreme Court that Gary Smith was in fact a ‘worker’ despite signing an agreement with the company describing him as ‘self-employed.’
So, what is it in this case that made the UK’s highest court decide that Gary Smith was in fact a ‘worker’? Plimlico Plumbers’ agreement stipulated various points of control over Gary’s work including the requirement to perform the work himself, the requirement to wear a uniform, stipulated the number of hours to be worked and limited who he could work for once the contract ceased. It was this high level of control within the terms of the agreement that changed the legal status from ‘self-employed’ to ‘worker’. The court concluded that Mr Smith was required to perform work personally for Plimlico Plumbers and their relationship was not a client or customer relationship.
Although this case does not provide a new legal definition of the term ‘worker’ the facts of the case should be considered carefully by employers.