International Top 30 position: 4

LLP members — not whistling in the dark

The UK Supreme Court has ruled in Clyde & Co v Bates van Winkelhof [2014] UKSC 32 that members of limited liability partnerships (LLPs) are workers who can benefit from whistleblower protections. This could have far-reaching implications for LLPs and their members.

Ms Bates van Winkelhof was a partner working for Clyde and Co. After being expelled from the LLP she brought claims in relation to whistleblowing and sex discrimination. 

The employment tribunal at first instance held that it had no jurisdiction to hear the whistleblowing claim, as Ms Bates van Winkelhof was not a ‘worker’. A worker is defined in s230(3) of the Employment Rights Act 1996 (ERA 96) as an individual who has entered into or works under (or, where the employment has ceased, worked under)…

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1 Fleet Place

Turnover (€m): 209.5
Lawyers: 760
Partners: 183
Jurisdiction: Europe