Employer of a court ruling that a clause or a contract is a sham

a?As a consequence of recent legal decisions a¦an employer that introduces a clause into his contracts or enters in contractual relations with his workers needs to ensure that the clause or contract is genuine and operates in practice as it states that it intends to. Otherwise a¦ there might be serious legal implications for an employer. The clause (usually a substitution clause) or the type of contract entered into must not simply be a device to circumvent the correct application of the law, in other words, perpetrate a sham.a?
Sam Middlemiss The legal impact on employers where there is a sham element in contracts with their workers. International Journal of Law and Management, (2012) 54 (3), pp. 209-221 at p 209
In light of the quote above analyse the nature and scope of the consequences for an employer of a court ruling that a clause or a contract is a sham. Consider any legal obstacles facing an employee in bringing a legal claim.
It is important you use appropriate case law to illustrate your answer. Please feel free to use some or all of the following cases.

Redrow Homes (Yorkshire) Ltd v Buckborough and anor (2008) UKEAT 0528_07_1010
Ministry of Defence v Kettles APPEAL NO. UKEAT/0308/06/LA
Consistent Group Ltd v Kalwak (2009) EWCA Civ. 98
Premier Groundworks Ltd v Jozsa Appeal No. UKEAT/0494/08/DM
Autoclenz v Belcher and others (2009) All ER (D) 134
Davies A.C.L Sensible thinking about sham transactions (2009) Industrial Law Journal Vol. 38 (3) pp 318-329
The coursework is 3,000 words long however, the minimum word limit for this question is 2,700 words and the maximum limit is 3,300. In the event that either limit is breached, to any extent whatsoever, this will lead to a penalty of an automatic deduction by one grade in the grade the answer would otherwise score (e.g. a B would become a C). There will be no exceptions to this rule and students are responsible for ensuring that a note of the total number of words appears on the face of the coursework answer and that the minimum and maximum limits are not breached. For the purposes of these limits, words in footnotes, title page, bibliography and appendices (if any) are not to count, provided that these devices are not misused (for example by placing non reference material in footnotes).
With regard to referencing it is not necessary to follow a legal referencing system but the minimum requirement is the introduction of a bibliography.
Plagiarism is a serious violation of academic standards. The Aberdeen Business School policy on plagiarism is stated as follows; Plagiarism (i.e. presenting the thoughts or writings of others as your original work, without properly identifying and referencing the source), falsifying or fabricating data, copying from another students work, etc. is unacceptable behaviour. Any allegations of plagiarism in assessments will be dealt with as academic misconduct in accordance with the Universitys Academic Regulations. Aiding and abetting another student to commit academic misconduct will be dealt with in the same way. Make sure you do not commit unintentional plagiarism as a result of inadequate standards of referencing and citation. To help you, use the library guide on plagiarism and citations found at
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Resources to use
Set text a Middlemiss, S Downie, M Employment Law in Scotland 2012 Bloomsbury Press Please note becoming out of date and new edition next year. (I have a half price voucher)
Lewis, D Sargeant, M Essentials of Employment Law 12th ed. (2013) CIPD or
Amir, E Selwynas Law of Employment 18th ed. (2014)
Oxford University Press
Cabrelli, D Employment Law in Context: Text d Materials (2014) Oxford University Press
Wiley, B Employment Law in Context 4th ed. (2012) Longman
Honeyball Honeyball & Bowers Textbook on Employment Law (2014) 13th ed Oxford University Press