The case concerned a Jordanian company being named as the employer in a contract of employment for an individual based and working from the UK.
In considering whether the contract accurately reflected what had been initially agreed, the tribunal had been entitled to take into account later events. If there was a seamless stream of events demonstrating that the parties had at no stage behaved as if the employee were employed by the named employer, that was good evidence as to what had initially been agreed. Although the employee was paid by the Jordanian company, he had never performed any duties for it, and his instructions had always come from the UK company through one of its directors. Furthermore, the UK company had supplied a letter to the UK Passport Office confirming that it was his employer. The Jordanian company was therefore not the true employer.
If you need further assistance in this area, please contact us.