illegality and tax status
burden of proof and automatic unfairness
protection from harassment
Several years ago, one learned lord justice said extra-judicially that he had always thought that slavery had been abolished in this country until he had been appointed to the Court of Appeal. That sentiment has perhaps been borne out in the employment law sphere with a sudden rush of cases in that court in the last month.
In Kalwak and another v Consistent Group Ltd [2008] EWCA Civ 430, [2008] All ER (D) 394 (Apr) the court overturned a well known decision of the Employment Appeal Tribunal (EAT) extending employment status (and hence protection) to Polish workers imported into this country by an agency whose documentation then went out of its way to deny any employment relationship. The decision was largely because of defective reasoning by the tribunal and the result was that the case was remitted for a rehearing (which will be interesting).
In Amicus and others v Dynamex Friction Ltd and another [2008] EWCA Civ 381, [2008] All ER (D) 251 (Apr) the court had to consider how
