Last updateTue, 24 Feb 2015 5pm

EMPLOYMENT STATUS: New rights for partners

11 July 2014  

A recent Supreme Court ruling has finally laid to rest the difficult issue of whether an LLP member is a worker, explains Sarah Ozanne

The issue of employee and worker status has been a much vexed one, with considerable case law dedicated to discussion of the subject. Both of these terms are defined under s230 of the Employment Rights Act 1996 (ERA) but it is not always clear whom each category covers. One stream of case law on this topic has been on the status of partners in LLPs and whether they qualify as either employees or workers. In the most recent case in this area, Clyde & Co v Bates van Winkelhof [2014], the Supreme Court has determined that a former partner at Clyde & Co had been a worker for the purposes of the ERA. This entitled her to relevant protections, including under the whistleblowing provisions.

Additional Info

  • Case(s) Referenced:

    Clyde & Co v Bates van Winkelhof [2014] UKSC 32

    Tiffin v Lester Aldridge LLP [2012] EWCA Civ 35