How should we make sense of these cases, and what if the
Servant, the nurse or the clerk were «going through the motions» at the point of a gun, rather than
merely (
as in the condemned
Servant view) in fear of their jobs or an «angry look»?
Harvey on Industrial Relations and Employment Law at Division A [137] makes the point that «if both parties honestly consider the contract to be one of services (independent contractor), it can not be contended that it is illegal
as being a fraud on the Revenue
merely because a court or tribunal later holds that in truth the worker was a
servant».