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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

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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