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Representation:
Mr David Reade QC instructed by Redrow Group Services Ltd Legal Dept, Redrow House , St David's Park, Flintshire CH5 3RX on behalf of Redrow Homes (Yorkshire) Ltd
Mr John Samson instructed by Messrs O H Parsons & Partners. Solicitors, 3rd Floor Sovereign House, 212-224 Shaftesbury Avenue, London WC2H 8PR on behalf of Mr Buckborough & Mr Sewell.
Authority for the proposition that:-
a clause in a contract cannot prevent tradesmen being workers, in this case for working time and holiday purposes, if it is a sham.
For relevant general notes see Definitions and interpretation/sham and/or Working Time Regulations/meaning of worker .
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prepared October2008