Intention, Pretence and the Contract of Employment

Abstract

In Autoclenz Ltd v Belcher, the Supreme Court of the United Kingdom held that certain terms in a written work contract should be disregarded because they did not reflect the ‘true agreement’ of the parties. In doing so, the Supreme Court adopted the pretence doctrine in the context of employment law. Several uncertainties surround the pretence doctrine. This article argues that some of those uncertainties might be resolved if closer attention were paid to the way the concept of intention operates in relation to the pretence doctrine. In particular, greater clarity as to three matters is required. First, whose intention is relevant for the purposes of the pretence doctrine? Second, which intention is relevant? Finally, to what must the intention relate? This article seeks to provide answers to these questions. Show more