LLP members are ‘workers’
By Yvonne Gallagher
In a long-awaited judgment, the Supreme Court has confirmed that Ms Bates van Winkelhof, a former member of Clyde & Co, is a ‘worker’ for the purposes of the Employment Rights Act and is therefore entitled to the benefit of the protection given by employment law to whistleblowers.
The term ‘worker’ is used in a number of aspects of employment legislation where protection is afforded to a group wider than just those who are employees. There was no suggestion that Ms van Winkelhof was or could have been an employee for statutory purposes.
The definition of ‘worker’ for the purposes of many statutory provisions includes an individual who works under a contract ‘whereby the individual undertakes to do or perform personally any work or services for any other party to the contract whose status is not by virtue of the contract that of a client of any profession or business undertaking carried on by the individual’…
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This was the finding of the High Court following an appeal by the losing party from a master’s decision that relief should be granted.
The courts have said that any employee who receives commission and/or overtime should have that taken into account for their statutory holiday pay.