Many construction companies, especially housebuilders, use these in other to avoid paying holiday pay.

The case involved two UCATT members from East Yorkshire who were employed as bricklayers by Redrow Homes (Yorkshire).

The two men signed contracts which described them as “self-employed bricklayers”. The contract contained a clause which in theory allowed the workers to send a substitute in their place.

In autumn 2007, the Hull Employment Tribunal judged the contracts to be a “sham” as it “did not seriously reflect the relationship between the parties” and “it was never expected by either side, seriously or otherwise, that either of the Claimants would seek to provide a substitute or refuse the work offered”.

Redrow appealed the original judgement to the Employment Appeals Tribunal (EAT). After a nine-month delay the EAT again ruled in the union’s favour.