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Plastering Contractors Stanmore Ltd v Holden [2014] UKEAT 0074_14_0707

Change to ‘labour-only subcontractor’ status did not preclude ‘worker’ status

A worker, for the purposes of claiming holiday pay, is defined as someone working under a contract of employment or any other contract where he undertakes to do or perform personally any work for another party. In PCS Ltd v Holden, Mr Holden brought a claim for unlawful deduction from wages under s.23 ERA 1996 in relation to several years of work as a labour-only subcontractor, prior to which he had been employed by PCS as a general labourer. As a labour only subcontractor Mr Holden was placed by PCS on its database of labour-only subcontractors. 

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