Partnerships, directorships and dismissal

Produced by Tolley in association with Hogan Lovells
Partnerships, directorships and dismissal

The following Employment Tax guidance note Produced by Tolley in association with Hogan Lovells provides comprehensive and up to date tax information covering:

  • Partnerships, directorships and dismissal
  • Partnerships
  • Directorships

In some situations, the ordinary rules relating to dismissals do not apply or additional rules need to be considered. Two of the most important of these are when a partnership dissolves and when an employee is also a director of a company.

Partnerships

Partners in an unlimited partnership are not also employees of the partnership and do not enjoy the same statutory employment rights as employees on dismissal. A person who is employed by an unlimited partnership is employed by each of the partners acting together.

Theoretically, this means that when a partner joins or leaves, the contract of employment must come to an end, as the employee is no longer employed by the same legal entity.

Scots law has resolved this by finding that a partnership has a separate legal personality from the individual partners, whereas English l

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