Stephensons

Case Summary

Mr Mills claimed unfair dismissal, holiday pay and breach of contract against Stephensons, a law firm. The tribunal found that his employment terminated on 14 February 2022 when he signed a redundancy agreement and thereafter entered into a Consultancy Agreement, making him self-employed rather than an employee. The claims were dismissed as the unfair dismissal and notice pay claims were presented out of time and the holiday pay claim was not well-founded.

The tribunal found the claimant was not an employee after 14 February 2022 but a self-employed independent contractor under a Consultancy Agreement, which precluded claims for unfair dismissal and holiday pay. Additionally, the unfair dismissal and notice pay claims were presented out of time (claims filed 29 November 2024, more than two years after termination on 14 February 2022), and the claimant had confirmed he would not pursue a time extension.

• •Effective date of termination
• •Employment status after 14 February 2022
• •Whether claimant was employee or self-employed independent contractor
• •Whether claims were presented within applicable limitation periods

1 EMPLOYMENT TRIBUNALS Claimant: Mr Nicholas Mills Respondent: Stephensons Heard at: Midlands West On: 24 March 2026 Before: Employment Judge Hussain REPRESENTATION: Claimant: In person Respondent: Mr T Perry (Counsel) RESERVED JUDGMENT 1. The claimant’s employment terminated on 14 February 2022. 2. The claimant was not an employee of the respondent within the meaning of section 230 Employment Rights Act 1996 after 14 February 2022. He was a self-employed independent contractor. 3. The claim in respect of holiday pay is dismissed. 4. The unfair dismissal and notice pay claims are presented out of time and are therefore dismissed. REASONS Introduction 1. This is the judgment of the Tribunal in the claim brought by Mr Nicholas Mills (“the claimant”) against Stephensons, an SRA‑regulated firm (“the 2 respondent”). The claims advanced were for unfair dismissal, holiday pay, and breach of contract/wrongful dismissal. Liability was denied. 2. ACAS Early Conciliation was commenced on 24 October 2024 and a certificate issued on 26 November 2024. The ET1 was presented on 29 November 2024. 3. The matter came before the Tribunal at a Preliminary Hearing to determine: (i) the effective date of termination (EDT); (ii) the employment status of the claimant after 14 February 2022; and (iii) whether the claims were presented out of time, and if so, whether time should be extended. 4. The hearing took place via CVP. The claimant was not represented, and the respondent was represented by Mr Perry, counsel. The Tribunal had before it a 320-page hearing bundle, which included 2 witness statements from the claimant and witness statements from the respondent’s witnesses, Ms Tracey Tomlinson, Mrs Jill Tolley and Mrs Julie Williams. The parties and witnesses confirmed they had access to the bundle. 5. The parties and witnesses confirmed that they did not require any reasonable a…