Independent clerk to school appeals panels was a worker, not an employee — claims out of time
A long-serving independent clerk who worked for Royal Borough of Greenwich for 28 years was found to be a worker rather than an employee, meaning her unfair dismissal claim could not proceed. Her remaining claims for holiday pay and expenses were also dismissed as too late.
1 min read · Last updated 19 May 2026
Case details
Key facts
- The claimant worked as an independent clerk to school admission appeals panels for the respondent from 1990.
- The claimant was not obliged to accept any work and the respondent was not obliged to offer any work.
- The claimant's last paid engagement was on or around 6 September 2018.
- The claimant presented her claim on 26 January 2023, more than three months after the relevant dates.
- The claimant was found to be a worker but not an employee.
Timeline
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Start of relationship
The claimant began working as an independent clerk to school admission appeals panels for the respondent.
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Written terms issued
The respondent issued written terms and conditions for the claimant's role, including fees and expenses.
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Last paid engagement
The claimant's last paid engagement was on or around this date.
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Claim for payment submitted
The claimant submitted a claim for payment for her last engagement.
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Payment received
The claimant was paid for her last engagement, possibly as late as January 2019.
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First letter of complaint
The claimant raised issues of paid holiday and reimbursement of expenses in a letter.
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Second letter of complaint
The claimant wrote again, stating she had researched employment status and proposed contacting ACAS.
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Third letter of complaint
The claimant explored options including an 'appeal Court' and studied guidance on employment status.
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ACAS notified
ACAS early conciliation was notified.
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ACAS certificate issued
The ACAS certificate was issued.
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Claim presented
The claimant presented her claim to the Employment Tribunal.
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Preliminary hearing
A remote preliminary hearing was held to determine employment status and time limits.
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Judgment sent
The judgment dismissing the claims was sent to the parties.
The legal issue
The tribunal had to decide two preliminary issues: whether the claimant was an employee or a worker, and whether her claims for unfair dismissal, notice pay, holiday pay, and expenses were brought within the legal time limits.
The outcome
The tribunal dismissed all claims.
- Unfair dismissal and notice pay: The claimant was not an employee, so the tribunal had no jurisdiction to hear these claims.
- Holiday pay and expenses: Even if she had been an employee, these claims were presented well over three months after the last relevant act, and it was reasonably practicable for her to have brought them in time.
- The tribunal noted that the claimant had raised concerns about holiday pay and expenses as early as 2020, yet did not present her claim until January 2023.
Lessons & takeaways
- Your employment status (employee, worker, or self-employed) determines which employment rights you have — check your contract and working arrangements carefully.
- If you think you have a claim, act quickly: most employment tribunal claims must be brought within three months of the event you are complaining about.
- Long service does not automatically make you an employee — the key test is whether there is a mutuality of obligation to offer and accept work.
- If you are unsure about your status or time limits, seek legal advice early — waiting too long can mean losing your right to claim.
- Raising concerns with your employer does not stop the clock on time limits for tribunal claims.
A long relationship, but not an employment contract
For 28 years, the claimant worked as an independent clerk to school admission appeals panels for the Royal Borough of Greenwich. She was not obliged to accept any work, and the council was not obliged to offer it. This lack of 'mutuality of obligation' — the legal test for employment — meant she was a worker, not an employee. As a result, she could not bring claims for unfair dismissal or notice pay, which require employee status.
Claims brought too late
The claimant's last paid engagement was in September 2018. She did not present her claim until January 2023 — more than four years later. The tribunal found that even if she had been an employee, her claims for holiday pay and expenses were far outside the three-month time limit. She had raised concerns with the council in 2020, but did not contact ACAS until January 2023. The tribunal concluded that it was reasonably practicable for her to have brought the claims earlier.
What this means for similar cases
This case is a reminder that employment status is not always clear-cut, even after many years of working for the same organisation. It also highlights the importance of acting promptly if you believe your rights have been breached. The tribunal's decision turned on the specific terms of the working arrangement — particularly the lack of any obligation to offer or accept work. Anyone in a similar position should review their contract and working pattern carefully, and seek advice without delay.
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