RIP—LLP protection on whistleblowing

RIP—LLP protection on whistleblowing
Employment analysis: Susan Fanning, a partner at DLA Piper, examines the Supreme Court’s ruling that a member of a limited liability partnership (LLP) was a worker who could, therefore, bring a whistleblowing claim.

Original news

Clyde & Co LLP and another v Bates van Winklehof [2014] UKSC 32, [2014] All ER (D) 173 (May)

The Supreme Court allowed an appeal brought by the appellant solicitor, who was a member of an LLP. The Court of Appeal, Civil Division, had decided that, applying the Limited Liability Partnerships Act 2000, s 4(4) (LLPA 2000), she was not a worker, within the meaning of the Employment Rights Act 1996, s 230(3)(b) (ERA 1996), and was therefore not entitled to claim the protection of its whistleblowing provisions. The Supreme Court reversed that decision.

What issue did this case raise?

The issue considered by the Supreme Court was whether a member of an LLP can have the status of worker for the purposes of being entitled to bring a whistleblowing claim. Generally

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About the author:
Kathy specialises in restructuring and cross-border insolvency. She qualified as a solicitor in 1995 and has since worked for Weil Gotshal & Manges and Freshfields. Kathy has worked on some of the largest restructuring cases in the last decade, including Worldcom, Parmalat, Enron and Eurotunnel.