A fitter working for UK-based furniture chain Sharps Bedrooms is taking legal action against the group for better employment rights.

The case could open the door for other gig economy workers to bring similar cases over their employment rights, including holiday pay, statutory sick pay and the right to the legal minimum wage.

According to The Guardian, David Lockwood, who has been classed as a self-employed independent subcontractor by Sharps, says he should instead be defined as a worker.

Lockwood, 58, has worked for Sharps for about 30 years installing pre-made fitted furniture such as wardrobes and cupboards. He claims that the company denies him agency in his role, subjects him to financial penalties and denies him the right to carry out work for competitors, elements that could define him as a worker. He has enlisted the law firm Leigh Day to help fight his case.

According to the law firm, Lockwood claims that if an installer like him failed to take up the company’s assignments, Sharps Bedrooms Limited would stop giving them work. Furthermore, it says Sharps Bedrooms Limited deducts payments directly from Lockwood’s wages for taxes, and deducts from his wages for workplace liability insurance, under a non-negotiable agreement. The company labelled this as a ‘Company Subcontractor Insurance Scheme’.
Lockwood claims that Sharps Bedrooms Limited would control the dates and times for his work to be provided, and it would impose a financial penalty if he did not give at least 72 hours’ notice if he could not attend a job. He also claims the company sets the fees for his jobs, and would often quote for less work than was necessary.

Despite being classed as and treated as a subcontractor without access to workers’ rights, allegedly Sharps Bedrooms Limited would assure customers that fittings would be carried out by their own personnel.

Ryan Bradshaw, a senior associate solicitor at Leigh Day, said, “David has been a loyal worker for Sharps Bedrooms Ltd for decades, yet the company treat him as a subcontractor and are in control of David’s work, setting the fees and parameters of his work.”

“Furthermore, they are allegedly assuring customers that David is a member of their staff, yet putting ‘subcontractor’ on his pay statements and terms of engagement. We hope that by bringing this legal claim, David’s employment status can be settled and he will have access to the holiday pay and sick pay that he is owed,” Bradshaw added.

A spokesperson for Sharps said, “We disagree with the claims made by David Lockwood and Leigh Day and will be robustly challenging any legal action.”

Gig economy employment status continues to be a focus of numerous lawsuits with the most prominent being in 2021 when Uber lost a landmark legal case in the UK Supreme Court.