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15 May 2008
Issue: 7321 / Categories: Case law , Law digest
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Employment Law

Enfield Technical Services Ltd v Payne; Grace v B F Components Ltd

 

A contract of employment may be unlawfully performed if there are misrepresentations, express or implied, as to the facts, eg when what is in fact taxable salary is claimed to be non-taxable expenses. That is, however, distinguishable from an error of categorisation unaccompanied by such false representations.

 

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).

 

Issue: 7321 / Categories: Case law , Law digest
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MOVERS & SHAKERS

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Sidley—Jeremy Trinder

Sidley—Jeremy Trinder

Global finance group strengthened by returning partner in London

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
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