Addleshaw Goddard

UK 200 2013 position: 23

LLP members are ‘workers’ under whistleblowing legislation

The Supreme Court has allowed the appeal in the Clyde & Co LLP v Bates van Winkelhof case, ruling that LLP members can be workers for the purposes of whistleblowing legislation. This ruling means that LLP members are protected from detriment under whistleblowing laws. However, as a worker, they will also enjoy protection under other legislation, including the National Minimum Wage Act 1998, the Working Time Regulations 1998 and the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000. Although these rights are not as extensive as those available to employees, they will necessitate a change in approach by LLPs.

The term ‘worker’ has a specific meaning under section 230(3) of the Employment Rights Act 1996 (ERA): ‘In this act, “worker” […] means an individual who has entered into or works under (or, where the employment has ceased, worked under): (a) a contract of employment or (b) any other contract, whether express or implied and (if it is express) whether oral or in writing, whereby the individual undertakes to do or perform personally any work or services for another party to the contract whose status is not by virtue of the contract that of a client or customer of any profession or business undertaking carried on by the individual; and any reference to a worker’s contract shall be construed accordingly.’ …

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