Self-employed surveyor's employment claim struck out: no reasonable prospect of success
A chartered surveyor who worked for Clements Agency Limited for nearly 30 years on a self-employed basis had his claim for unfair dismissal and discrimination struck out. The tribunal found he had no reasonable prospect of proving he was an employee.
2 min read · Last updated 19 May 2026
Case details
- #self-employed
- #chartered-surveyor
- #employment-status
- #strike-out
- #no-reasonable-prospect
Key facts
- The claimant worked as a chartered surveyor for the respondent and its predecessor under a self-employed retainer arrangement since 1995.
- The claimant invoiced the respondent weekly for a fixed amount and accounted for his own tax.
- The claimant was free to work for other clients, set his own hours, and did not request holidays.
- The claimant claimed Self-Employment Income Support Grant and deducted business expenses on his tax returns.
- The claimant accepted he was self-employed until after the relationship ended in January 2023.
Timeline
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Agreement with Huntcrown
The claimant agreed to provide surveying services to Huntcrown on a self-employed basis for a weekly retainer of £500.
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Start of relationship with respondent
The claimant began providing services to Clements Agency Limited, invoicing them weekly at an average of £900.
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Huntcrown liquidation
Huntcrown went into creditors' voluntary liquidation; the claimant was not included in redundancy payments.
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Change in valuation process
Changes in rating appeals reduced the claimant's workload; he began producing initial valuations.
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Elected as local councillor
The claimant was elected as a councillor for a four-year term without consulting the respondent.
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Parliamentary candidacy
The claimant stood as Conservative candidate for Ilford North, taking time off for campaigning.
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Pandemic remote work
The claimant worked from home during COVID-19 and continued to do so after offices reopened.
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Termination of services
Susan Leslie told the claimant his services were no longer required due to cost-cutting.
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Preliminary hearing
The tribunal heard evidence and submissions on whether the claimant was an employee.
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Judgment issued
The claim was struck out as having no reasonable prospect of success on employment status.
The legal issue
The tribunal had to decide whether the claimant had any reasonable prospect of showing he was an employee under the Employment Rights Act 1996 or the Equality Act 2010, given that he had always treated himself as self-employed.
The outcome
The tribunal struck out the claim as having no reasonable prospect of success.
Key reasons:
- The claimant had accepted he was self-employed throughout the 28-year relationship, invoicing weekly and accounting for his own tax.
- He was free to work for other clients, set his own hours, and did not request holidays.
- He claimed Self-Employment Income Support Grant and deducted business expenses on his tax returns.
- The tribunal found the claimant's own evidence and conduct were inconsistent with employee status.
No compensation was awarded as the claim was struck out.
Lessons & takeaways
- If you have always treated yourself as self-employed — invoicing, paying your own tax, and claiming self-employed grants — it is very difficult to later argue you were an employee.
- Tribunals will look at the reality of the working relationship, not just a written agreement. Consistent behaviour over many years is powerful evidence.
- A long-standing arrangement does not automatically create employment rights if the parties have consistently acted on a self-employed basis.
- Before bringing an employment claim, check your employment status carefully — if you have no reasonable prospect of proving employee status, the claim may be struck out early.
A long-term relationship that remained self-employed
This case shows how difficult it can be to overturn a long-standing self-employed arrangement, even after decades of working for the same company. The claimant, a chartered surveyor, had provided services to Clements Agency Limited and its predecessor since 1995. He invoiced weekly, paid his own tax, and was free to take on other clients. When the relationship ended in 2023, he claimed unfair dismissal and discrimination — but the tribunal had to first decide whether he could even be considered an employee.
What the tribunal looked at
The tribunal examined the claimant's own actions over the years. He had claimed the Self-Employment Income Support Grant during the pandemic, deducted business expenses on his tax returns, and accepted in correspondence that he was self-employed. He set his own hours, did not request holidays, and worked from home without permission. These factors all pointed away from employee status. The tribunal found that his claim had no reasonable prospect of success and struck it out at a preliminary stage.
What could have been done differently
For the claimant, the key problem was consistency. If he had wanted to argue he was an employee, he would have needed to show that the reality of the relationship was different from how it was documented and treated for tax purposes. But his own conduct — including claiming self-employed grants — made that almost impossible. For anyone in a similar situation, it is crucial to understand that employment status is not just about what a contract says; it is about how the relationship works in practice over time.
Why this matters
This case is a reminder that employment tribunals will strike out weak claims early to save time and costs. If you have consistently treated yourself as self-employed for many years, you face a very high hurdle in arguing that you were actually an employee. Legal advice on employment status should be sought before issuing a claim, not after.
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