In Enfield Technical Services Ltd v Payne; BF Components Ltd v Grace [2008] EWCA Civ 393, the Court of Appeal held that a genuine error in the categorisation of employment status will not be enough to establish illegality where there has been no express or implied misrepresentation of the facts of the working arrangements.
In Regent Security Services Ltd v Power [2007] EWCA Civ 1188 CA, the Court of Appeal held that an employee transferred under the 1981 TUPE Regulations could choose to enforce new, more beneficial terms agreed with the transferee, even where the variation was connected with the transfer.
In Jackson v Computershare Investor Services plc [2007] EWCA Civ 1065, the Court of Appeal ruled that the provision in the TUPE Regulations to the effect that a transferred contract of employment will have effect after the transfer as if originally made between the employee and the transferee could not be construed so as to give the employee a contractual benefit to which she had not been entitled under her original contract.