Illegality in an employment contract requires misrepresentation

• Authors:
• Kim Pattullo
• Sheila Gunn
• Blair Adams

In Enfield Technical Services v. Payne and BF Components v. Grace, the Court of Appeal has held that there must be some form of misrepresentation, rather than simply an incorrect categorisation of the employment relationship, before an employment contract can be rendered illegal.

Background

An employee must have a valid contract of employment to be able to raise a tribunal claim to protect their employment rights, and cannot generally rely on a contract of employment that is tainted with ... (276 more words)

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