Above: boss Charlie Mullins in characteristic pose
The Court of Appeal yesterday ruled that a plumber who claims he was sacked following a heart attack, was a ‘worker’ and thus entitled to some work-related rights, according to the decision in Pimlico Plumbers Ltd and another v Smith.
The judgment has important implications for so-called ‘gig economy’ companies that claim their workers undertake services on a self-employed basis and so have no employment rights.
Gary Smith worked for Pimlico Plumbers from 2005 until 2011. The agreement between the company and Mr Smith described him as a “self-employed operative”.
The wording of the contract suggested that he was in business on his own account, providing a service to Pimlico Plumbers.
Smith was required to wear Pimlico’s uniform displaying their logo, use a van leased from Pimlico (with a GPS tracker and the company’s logo), and work a minimum number of weekly hours.
However, he could choose when he worked and which jobs he took, was required to provide his own tools and equipment, and handled his own tax and insurance.
There was no express term in the agreement allowing Mr Smith to send someone else to do the work.
Pimlico Plumbers did not guarantee to provide Mr Smith with a minimum number of hours. Following the termination of this arrangement, Mr Smith brought claims for unfair dismissal and disability discrimination.
The employment tribunal found that he could not claim unfair dismissal because he was not an employee.
However, the tribunal decided that he could claim disability discrimination as a ‘worker.
The Employment Appeal Tribunal (EAT) agreed with the employment tribunal, and the Court of Appeal has now dismissed Pimlico Plumbers’ appeal.
Unlike recent high-profile judgments involving Uber drivers and CitySprint couriers, this ruling is binding on other courts and tribunals.
Pimlico Plumbers boss and prominent Tory donor Charlie Mullins, decorated his fleet of vans with pictures of Margaret Thatcher on the day of her state funeral. He says there is a “good chance” he will take the case to the Supreme Court, but so far he’s lost every round of the legal fight.
The Appeal Court decision is likely to be a key authority in any forthcoming cases on employment status in the gig economy. However, it is important to note that this decision did not find that the plumber was an employee of Pimlico Plumbers.
People categorised as workers have a right to minimum wage and to paid annual leave, along with some other procedural rights, such as a right to be accompanied at any form of disciplinary meeting, but they do not enjoy the full range of protections given to employees and are not subject to the PAYE system applicable to employees.
Frances O’Grady of the TUC said: “This case has exposed once again the growing problem of sham self-employment.
“Unscrupulous bosses falsely claim their workers are self-employed to get out of paying the minimum wage and providing basics like paid holidays and rest breaks.
“But the best form of protection for working people is to join a union in your workplace.”
The GMB is currently supporting a group of Deliveroo food couriers in Brighton currently classed as ‘independent contractors’, who have given two weeks notice of industrial action for better pay and more hours.
The GMB’s Paul Maloney said: “We stand with the riders against Deliveroo, another company trying to duck its obligastions and responsibilities by making its workforce ‘independent contractors’.”
The government has only now, after more than a year’s delay, released a report warning that “unscrupulous” employers were in a position to exploit low-paid and low-skilled workers.
By John Rogan
It amazes me that there are many Labour MPs who say there is a “Tory Brexit” and a “Labour Brexit”. The implication is that the present Govt can somehow choose and implement whatever Brexit conditions they want with the EU27. This helps feed the delusion, on both the Left (Corbyn) and Right (Watson), that Labour could, somehow, negotiate a Soft Brexit. That the EU27 would be much kinder to a Labour government for some reason.
A Soft Brexit is just not going to happen. The leadership of EU27 have enough internal headaches (Le Pen, AfD and Freedom Party) this year to ensure that, if they wish to hold the line against the eurosceptic Far Right, there will be no concessions to the UK. Brexit means Brexit means Hard Brexit.
Now we have Trump whose possible EU Ambassador, Ted Malloch, seems to gleefully want to see the EU finished. After all, a much weakened EU (or no EU) would help the “America First” agenda of Trump.
This would also help the agenda of Putin who wishes to exert greater control in Eastern Europe.
The Trump-Putin Pact (wanting to split, weaken and carve up Europe) is another perfectly good reason for EU27 sticking to a Hard Brexit – especially a need for the defence of Eastern Europe.
Theresa May is actually correct in her sucking up to Trump and Erdogan. If we leave the EU on a Hard Brexit (which we will) then grovelling for some crumbs at their tables is all we will be good for.
And that is the question Corbyn, Watson and McDonnell have to answer. After a Hard Brexit, who should the UK deal with in trying to get good trade deals? How will we be able to do it?
The miserable worm Gove has crawled all the way across the Atlantic to suck up to Trump (in the slime-trail of Farage), and his “interview” with the scum-bag appears in today’s Times.Little Govey can scarcely contain his breathless admiration for his host, who he describes as “like a man who has been plugged into some power source where the dial has been turned up to levels well beyond the safety regulations would recommend” and “the force of nature that is the man”.
Govey’s main point (apart from greasing up to his new hero) is to remind us that the Great Man supports Brexit:
“And, ultra-competitive as he is, the president-elect was particularly keen to remind me that, almost alne among international figures, he had the natural good judgement to foresee our departure from the EU.”
Not just foresee it, of course, but to positively welcome it. Trump’s animosity towards the EU, it would seem, stems from the EU’s obstruction of a proposed “expansion” (we can guess what that meant) to a property he owns in Ireland: “What happened is I went for an approval to do this massive, beautiful expansion … but I learned a lot because … they [ie the EU] were using environmental tricks to stop a project from being built.”
During the campaign of lies, deception and xenophobia that the Leave side ran during the referendum campaign, Little Govey and most of his Tory chums claimed that they weren’t seeking the break-up of the EU, merely then UK’s amicable exit.
The one single useful aspect of Govey’s Times piece is that Trump makes it clear that the aim of nationalists, nativists and outright racists like himself is the total destruction of the EU (in this respect Trump is more honest than Govey and the Tory Leavers):
“A combination of economic woes and the migrant crisis will, he believes, lead to other countries leaving. ‘People, countries, want their own identity and the UK wanted its own identity. But, I do believe this, if they hadn’t been forced to take in all of the refugees, so many, with all the problems that it … entails, I think you wouldn’t have a Brexit. This was the final straw that broke the camel’s back … I believe others will leave. I do think keeping it together is not gonna be as easy as a lot of people think. And I think this, if refugees keep pouring into different parts of Europe … I think it’s gonna be very hard to keep it together because people are angry about it.”
So it takes the pathological liar Trump to point out a simple truth that the Tory Bexiteers and their useful idiots on the anti-EU “left” (Morning Star, SWP, etc) either denied of avoided during the referendum campaign: Brexit will inevitably help undermine the EU as a whole, which is precisely why racists everywhere seek this goal.
And the end result of the racists’ wet dream of destroying the EU?
The freedom for workers to move across Europe would be lost. “Foreign” workers in each country from other ex-EU states would face increased hostility at best, and racist attacks (as is already happening in post-referendum UK) at worst.
There would be a big reduction in the productive capacities of the separate states, cut off from broader economic arenas.
Governments and employers in each state would be weaker in capitalist world-market competition, and thus would be pushed towards crude cost-cutting, in the same way that small capitalist businesses, more fragile in competition, use cruder cost-cutting than the bigger employers.
There would be more slumps and depression, in the same way that the raising of economic barriers between states in the 1930s lengthened and deepened the slump then.
Nationalist and far-right forces, already the leaders of anti-EU political discourse everywhere, would be “vindicated” and boosted. Democracy would shrink, not expand. The economically-weaker states in Europe, cut off from the EU aid which has helped them narrow the gap a bit, would suffer worst, and probably some would fall to military dictatorships.
Before long the economic tensions between the different nations competing elbow-to-elbow in Europe’s narrow cockpit would lead to war, as they did repeatedly for centuries, culminating in the world wars of 1914 and 1939.
That’s why the left should fight, not to go backwards from the current bureaucratic, neo-liberal European Union, but forward, towards workers’ unity across Europe, a democratic United States of Europe, and a socialist United States of Europe. But the idiot-left, who advocated Brexit and privately look forward to the break-up of the EU, don’t see things that way. They are the useful idiots of Trump, Le Pen, Farage … and even that wretched little weasel Gove.
When you’re a leading politician and especially a Prime Minister, the pressure is on to stand for something. And as the real choices in politics truncated to who could best run the Thatcherite/neoliberal settlement, necessity and expediency dictated that one must pretend to be something more than a manager of that consensus. John Major had his Back to Basics campaign, married to the Citizen’s Charter and Cones’ Hotline wheeze. His Blairness got no less a figure than Anthony Giddens to cook up “The Third Way”, the impossibility of marrying market fundamentalism to half-recognisable social democratic objectives. Even Bill Clinton bought into that one. Dave had his Big Society, a convenient celebration of volunteering just as the Tories committed themselves to butchering public services and replacing them with philanthropy and a committed citizenry. Ed Miliband had One Nation. The exception is Jeremy Corbyn, who is yet to fully define himself despite offering a politics that decisively breaks with received wisdom.
In her own way, at least at the rhetorical level, Theresa May also defined herself differently, and now her philosophy has a name: the Shared Society. Looking forward to a major speech on the matter, we know this is so much guff because of her record. In the six months May has been in power she’s prevaricated, delayed, prevaricated, and delayed some more. With a dose of control freakery, as noted by Andrew Rawnsley, she’s carried on flogging off strategic industry, and has overseen a budget that barely differed from an Osborne effort. May’s shared society isn’t looking that different from late period Dave, truth be told. And that’s before we start talking about the NHS and the declaration of a humanitarian crisis by the crazed militants of the Red Cross. Her talk of dealing with “the shorter life expectancy for those born poor, the harsher treatment of black people in the criminal justice system, the lower chances of white working-class boys going to university, and … the despicable stigma and inadequate help for those with mental health conditions” remains just talk as long as these crises carry on without the government appearing to care too much about them.
Still, her original address from the steps of Downing Street was perceived as a master stroke from within the Westminster circus. Talk of dealing with everyday injustices, including economic anxiety and security came like a revelation to folks who rub shoulders with working class people only when ordering a latte. But it would be churlish to deny May’s speech had significant cut through. Unlike Dave and Osborne who only pretended concern, May sounded like she meant it, that she understood something about the difficulties of modern life. In an uncertain world, she crafted a message pledging certainty, of a national community that has everyone doing their bit and getting their just rewards. This is where the shared society comes in. She defines it as,
A society that doesn’t just value our individual rights but focuses rather more on the responsibilities we have to one another; a society that respects the bonds of family, community, citizenship and strong institutions that we share as a union of people and nations; a society with a commitment to fairness at its heart … it goes to the heart of my belief that there is more to life than individualism and self-interest. The social and cultural unions represented by families, communities, towns, cities, counties and nations are the things that define us and make us strong. And it is the job of government to encourage and nurture these relationships and institutions where it can, and to correct the injustice and unfairness that divides us wherever it is found.
Had Ed Miliband defined his One Nationism thus, the Tory press would have dubbed him a proto-totalitarian. Yet, from an ideas perspective, the shared society is interesting for three reasons. We know from her long stint in the Home Office that May is a petty-minded authoritarian who, like her predecessors, happily ramped up the government’s snooping powers in the name of terror prevention. All throughout her career, May has never been one to celebrate individual sovereignty. Second, she is riding the wave of (English) nationalism. As Wolfgang Streeck has argued, societies that have seen labour movements broken and discourses of resistance buried turn instead to whatever ideological resources are to hand. In this case, nationalism is resurgent because the nation appears eternalvis a vis cultural, political and economic turbulence. Farage exploited noisy, entitled, frightened English nationalism to his advantage, and now May is doing the same – albeit in calmer, more measured (and respectable) tones. And thirdly, her “active government” promises social reform that will build a “great meritocracy”. Forget your Ed Miliband, she’s channeling Clem Attlee. Again, we’ll wait and see about that as there’s been nothing beyond a slight smoothing of social security policy.
It’s bollocks, but unlike the wonky visions of days gone by it has a certain simplicity to it, one that even newspaper columnists will be able to understand. It promises justice and security, mainstays that should be Labour’s, but have proven difficult to meld together and “own” in recent times – the fact May freely speaks this language and is treated seriously goes to show how far our party still has to go. Yes, May suffers from the triple vices of incompetence, dithering and control-freakery, and Brexit could undo her leadership. But her undeserved reputation as a serious grown up rests on this rhetoric, of knowing and understanding the problems of, shock horror, the working class. And most importantly, her apparent no fuss willingness to do something about them.
Above: Gove repeats his Brexit lies, scarcely challenged by Stephanie Flanders
Many of us were genuinely shocked by the failure of supposedly serious BBC journalists to challenge the lies of the Brexit leaders during the referendum campaign, and the willingness of the BBC news to treat those lies as though they were serious, legitimate political arguments..
The BBC’s craven capitulation to the Brexiteers continues apace. I awoke this morning to Radio 4’s Today programme, compiled by ‘guest editor’ Helena Morrisey, billed in the Guardian thus: “Morrissey, who spent 15 years as chief executive of Newton Investment Management and also spoke out in favour of Brexit, said she would be “exploring the theme of ‘power to the people’ in a year when democracy reasserted itself and disruptive forces were unleashed, leaving many of us scrambling to work out what happens next”. This ultra-wealthy member of the ruling class and representative of finance capitalism, was allowed to present herself as some sort of persecuted representative of ‘the people.
The entire programme was a plug for Brexit, with virtually no balancing opinion. Michael Gove was allowed to lie (again) about what he said about “experts” (he now claims he only meant economists) and the usually excellent Stephanie Flanders scarcely challenged him, allowing him to semi-defend the “£350 million per week for the NHS” lie.
The BBC’s craven capitulation to the lies of the Brexiteers is all the more worrying in the light of the government’s ‘power grab’ whereby ministers will have increased powers to pick political allies for senior jobs at public bodies like the BBC.
Post-referendum (and the election of Trump), we live in an age of shameless cronyism, patronage, fear and ‘post truth’ – or to give ‘post truth’ its simple, correct name: lies.
“Heil Trump!” This is what “respectable” conservatives are kowtowing before
“Everywhere you look you see conservatives sniffing the air and catching the scent of the radical right. It tempts them with the most seductive perfume in politics: the whiff of power. Populists are rewriting the rules and conservatives have seen they can break the old taboos, assault the constitutional order and lie with ease. Their suppressed thoughts now look like election winners.”
On the principle of avoiding living in a political echo chamber, I’ve been a subsciber to the right of centre UK magazine Standpoint since shortly after its launch in 2008. Although I’ve never agreed with its editorial ‘line’ (broadly neo-Conservative) it was well-written, intellectually challenging and contained some excellent coverage of literature and music as well as politics. But it’s become noticeably more stridently right wing over the last couple of years. It went seriously down in my estimation when it backed Brexit. The present (Dec/Jan) issue urges readers to give Trump “the benefit of the doubt“. This is a step too far even for me.
I’ve even taken the trouble to send the editor my thoughts:
So, Standpoint urges us to give Trump the “benefit of the doubt”; so much for all the dire warnings about the Putin threat and Obama and the “EU elite”‘s reluctance to confront him. So much for the evocations of “Western civilisation” and basic democratic norms. What a craven sell-out, apparently because “several American contributors to Standpoint … are close to or even part of the new administration.” I note that your execrable pro-Trump editorial closes with an appeal for funds. You will not be receiving any from me. In fact, please cancel my subscription.
For intelligent right wing commentary I’m switching to The Spectator. It would be excellent if some of Standpoint‘s less craven/swivel-eyed contributors (eg Nick Cohen, Julie Bindle, Maureen Lipman) walked out over this.
I’m hoping Cohen, at least, will walk, given his excellent piece in last Sunday’s Observer (from which the quote at the top is taken), on the capitulation of “respectable” conservatives to the radical right. Theresa May and the Daily Mail are two obvious examples. Standpoint is another.
A good letter from the Commission, except for the cop-out phrase “attacks on supporters of both sides of the Brexit debate”: we all know that the racism, abuse and physical violence has come from just one side: “Leave.”
by David Isaac and Rebecca Hilsenrath
Published: 25 Nov 2016
We are writing to you at what we believe is a unique point in British history and culture.
The decision by the British people to leave the European Union and the negotiations that follow will be a defining moment for the nations of the UK. While the focus has been on our place as a global economic leader and trading partner to European nations and major world economies, we also believe there is a need for a discussion on what values we hold as a country. As Britain’s national equality body and national human rights institution, we believe it is our place to help facilitate this discussion. This letter goes to all political parties and we would welcome the opportunity to meet you in person, individually or collectively, to discuss how we can work closely with you in the months ahead and help to shape your agenda and policies to make Britain the vibrant and inclusive country we believe it should be.
After the referendum, politicians of all parties spoke about the need to heal the country and bring people together. However, since those early weeks there is growing concern that the divisions on a range of big questions are widening and exacerbating tensions in our society. The murder of Arkadiusz Jozwick, racist, anti-semitic and homophobic attacks on the streets, and reports of hijabs being pulled off are all stains on our society. We at the Commission have met community groups, representatives and diplomats who have expressed their sadness and disappointment at these events and their wish to work with us to heal the divide.
We are concerned that attacks on supporters of both sides of the Brexit debate have polarised many parts of the country. There are those who used, and continue to use, public concern about immigration policy and the economy to legitimise hate. The vast majority of people who voted to leave the European Union did so because they believe it is best for Britain and not because they are intolerant of others.
We welcome the UK government’s hate crime action plan, but believe more concerted action is needed to counter the narrative from a small minority. We therefore suggest the UK government should carry out a full-scale review of the operation and effectiveness of the sentencing for hate crimes in England and Wales, including the ability to increase sentencing for crimes motivated by hate, and provide stronger evidence to prove their hate crime strategies are working.
We were also concerned by the ambivalent reception given to findings of anti-semitism in mainstream political parties. A clear affirmation that such behaviour is unacceptable is necessary to confirm that standards will improve.
Politicians of all sides should be aware of the effect on national mood of their words and policies, even when they are not enacted. Examples include the recent suggestion, later rejected, that companies would be ‘named and shamed’ for employing foreign workers and also the discussion on child migrants, a crisis where our record on human rights will be judged and where dialogue escalated to irrational levels. We have proposed that in the case of uncertainty, a young asylum seeker must simply be treated as such until their age has been assessed by an independent expert.
The Equality and Human Rights Commission has a statutory power to advise government. Where important new protections are advanced in Europe, whether they relate to data protection, children’s rights or the rights of disabled people to travel independently, we will argue strongly that these rights should also be introduced into British law. Once we are outside the European Union, we will be in a position to identify good practice and follow it with strength and conviction. We have a strong human rights and equality framework in UK law but must remain open to initiatives from abroad that further strengthen this.
Your offices bring with them a responsibility to ensure that policy debate is conducted in a way that brings the country together and moves it forward. Robust discussion is a central pillar of our democracy and nothing should be done to undermine freedom of expression. The right to free and fair elections supported by accurate information and respectful debate is also essential to our democratic process. Our elected representatives and the media should reflect and foster the best values in our society and engage people on contentious issues in a responsible and considered way. Working with you we stand ready to play a full part in identifying the right policy solutions for Britain.
We look forward to hearing from you.
David Isaac and Rebecca Hilsenrath
For further information please contact the media office on 0161 829 8102, out of hours 07767 272 818.
I am writing to request a meeting with you to discuss the details and broader implications of the assurances given to Nissan regarding their decision to build its new models in Sunderland.
In your statement to the House of Commons on 31st October 2016 you said that the company’s decision was based on general commitments with regards to skills, supply chains, R&D and tariff free access to the single market, set out by you in a personal letter to Carlos Ghosn, Nissan’s CEO.
Responding to my request that you publish this letter, you then said you were unable to because it contained sensitive information, the disclosure of which might harm Nissan commercially.
While I find it difficult to understand why you would be relaying such information to Nissan if all assurances given to them were general ones, I am prepared to take you at your word and respect your duty to prevent commercially sensitive information going public.
I also note, however, your call for a bipartisan approach to developing an industrial strategy to steer our country through the challenges of Brexit. I heartily welcome this call as a way to build on our mutual understanding of the challenges ahead, and realise our shared commitment to ensuring we meet them.
Labour have welcomed your Government’s recent acknowledgement that our economy is too heavily weighted towards the financial sector in London and the South East, and that we need an active industrial strategy to revive our regions and bolster our manufacturing sector by nurturing new technologies and taking advantage of new markets. Following the EU referendum, this must be achieved in the context of a radically changing business environment that potentially threatens our international competitiveness.
We have taken pleasure in joining you to celebrate Nissan’s decision to continue producing in the UK. But Nissan is just one in thousands of companies who will be deciding whether to invest in the UK in the coming months. Like Nissan, these companies make an incredibly valuable contribution to our economy, and their loss would have devastating consequences for employees and supply chains up and down the country. It is vital that your industrial strategy, and your Government’s handling of Brexit, satisfies the needs of these companies as much as they do Nissan’s. Subjecting these policies to close scrutiny by the public’s elected representatives will be key to ensuring that they do.
In light of this, I am sure you will appreciate the predicament I find myself in. In the last few days, you have hinted at vital aspects of your Government’s industrial strategy and approach to exiting the EU, but you have left myself, my party, and Parliament as a whole, without adequate information to do our job in opposition and scrutinise these crucial areas of policy effectively. It is the country as a whole that suffers from such a state of affairs.
I therefore ask you to meet me in person, as a matter of urgency, so that we can discuss the content and scope of the assurances given to Nissan in more detail. As part of this discussion, I do not think it is unreasonable to request a private viewing of the disputed letter, and would happily agree to the commercially sensitive areas being redacted.
I would like to reiterate that I was heartened by your invitation for our relationship to be a constructive and co-operative one, and very much hope that you agree to my request as a first step towards establishing that.
I look forward to hearing from you.
Shadow Secretary of State for Business, Energy and Industrial Strategy