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Lawyer of the week: Jacqueline McGuigan

The Times - Linda Tsang


Jacqueline McGuigan, a founder partner at TMP Solicitors, advised the plumber Gary Smith in the Court of Appeal, which ruled that, although he was technically self-employed, he is entitled to basic “workers’ rights”, including the national minimum wage and paid holiday, from Pimlico Plumbers.


What were the main challenges? There is no single litmus test on employment status that provides the answer — even though Mr Smith won his case in the employment tribunal and the employment appeal tribunal it was never a certainty which way the appeal court would go. On the surface Mr Smith “walked and talked” like a self-employed person, but beneath the surface it was a very different story.


What’s the best decision you’ve taken? To set up my firm in…