Enfield Technical Services Ltd v Payne; Grace v B F Components Ltd
While a mis-categorisation may amount to misrepresentation and bad faith which would deprive the employee of the right subsequently to claim the benefits of employment, a genuine claim to self-employment, unaccompanied by false representations as to the work being done or the basis on which payment is being made, does not necessarily amount to unlawful performance of a contract of employment (Lord Justice Pill at 28 and 29).
