Usually the identity of the employer will be evident from the terms of the contract itself. However, this might not always be the case. Where, for example, it is alleged that the terms of the written contract do not represent the actual terms agreed, or where the identity of the employing entity has subsequently changed, it can be unclear who the employer is. Equally, where there is no written contract of employment at all, it may not be immediately apparent who the employing entity is where there is a complex corporate group structure involved. Where it is alleged that the written contract does not represent the actual terms agreed In contrast to commercial contracts made between parties of equal bargaining power, the Supreme Court has recognised, in Autoclenz