Autoclenz Ltd v Belcher & Others - Tribunal can only "recast" contract where "sham" terms were included which were intended to mislead as to the real agreement [2006] EAT

Autoclenz cleaned vehicles for car auctions. It provided all cleaning equipment at a flat-rate charge to valeters such as Mr Belcher. The valeters were paid on a piecework basis, submitted weekly invoices for payment, paid their own tax and NI, and had written agreements stating that they were self-employed sub-contractors. In 2004 the Inland Revenue had agreed that the valeters were self-employed.