Between August 2005 and April 2011 Mr Smith, who is by trade a plumbing and heating engineer, performed work for Pimlico Plumbers Ltd. When his contract was terminated he issued various employment tribunal claims, alleging he had been entitled to wages and holiday pay, amongst other things.

Mr Smith argued he was a 'worker' under S.230(3)(b) of the Employment Rights Act 1996 (the equivalent of Article 3 (3)(b) of the Employment Rights (NI) Order 1996 in this jurisdiction) i.e. he was an individual who worked under any other contract, whether express or implied and (if it is express) whether oral or in writing, whereby the individual undertakes to do or perform personally any work or services for another party