Employment law

If the evidence establishes that the true relationship was, and was intended to be, different from what is described in the relevant document, then it is that relationship and not the document which defines the contract. In a case involving a written contract, the tribunal will ordinarily regard the documents as the starting point and will ask itself what legal rights and obligations the written agreement creates. But it may then have to ask whether the parties ever realistically intended or envisaged that its terms, particularly the essential terms (ie those terms which are central to the nature of the relationship, namely mutuality of obligation and the obligation of personal performance of the work), would be carried out as written.