Representation:

• a contract clause which allows a worker to send someone to work in his place will, if genuine, mean that the worker is not an employee for employment law purposes but if in fact no substitution has actually taken place an employment tribunal is entitled to infer that the clause does not genuinely reflect the rights and obligations of the worker; and

• there is no rule that both parties to a contract must have intended to mislead for a clause in the contract to be rejected as not properly representing the true position - it is for the court or tribunal to determine whether a written contract is a sham or reflects the true intentions and expectations of the parties.

For relevant general notes see Employee/definition of and/or Definitions and interpretation/worker and/or Employee/employee or self-employed? and/or Definitions and interpretation/sham .