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  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.