LLP member is a ‘worker’
The Supreme Court held in the case of Clyde & Co v Bates van Winkelhof that a member of a limited liability partnership (LLP) is a ‘worker’ within the meaning of the Employment Rights Act 1996 (ERA) and therefore qualifies for whistleblowing protection. The impact of this decision is far reaching as it means that LLP members are also entitled to a raft of other rights, such as the right for part-timers not to be treated less favourably and not to suffer unauthorised deductions from their pay and potentially pension auto-enrolment, as a consequence of their newly acquired ‘worker status’.
Ms Bates van Winkelhof (BvW) became a fixed-share equity partner of Clyde & Co (the LLP) in February 2010. At the time, she worked principally, but not exclusively, in Tanzania on secondment to Ako Law, a Tanzanian law firm. In November 2010, she reported to the LLP that the managing partner of Ako Law had admitted to her that he paid bribes to secure work and a favourable outcome of cases. Ms BvW was dismissed from Ako Law, suspended from the LLP and, following an investigation, ultimately expelled as a member of the LLP.
Ms BvW brought a claim in the employment tribunal on the basis that she was subjected to a detriment for blowing the whistle…
Click on the link below to read the rest of the Winckworth Sherwood briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Winckworth Sherwood
News from The Lawyer
Briefings from Winckworth Sherwood
Nuptial agreements have gained strength in their ability to protect the assets of those entering into marriages or civil partnerships.
What buildings are affected, what duties are imposed and what action you should take.