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Connolly v Whitestone Solicitors - employed/self-employed and subsequent reliance on contracts tainted by illegality

It is not uncommon for a claimant, who was always categorised as self-employed, to claim to have actually been an employee in order to claim unfair dismissal. An employment tribunal must then determine whether the true relationship amounted to one of a contract of employment. However, that contract may nonetheless be ruled illegal (and thus unable to support any claims in law) if there has been some form of misrepresentation, namely that the claimant has represented himself as self-employed to HMRC knowing that it is "unsustainable" to do so.

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