LLPs are not the same as partnerships and in the legal world these are becoming much more popular than the traditional partnerships. In a recent whistleblowing case, Bates van Winkelhof v Clyde & Co LLP , an LLP partner sought to seek protection as a whistleblower. The case ended up in the Supreme Court where it was held that she was a worker. As a worker, members of an LLP will enjoy some (but not all) employment protection. Workers have rights in relation to minimum wage (not usually an issue for LLP partners, granted !), working time, annual leave, part time work and deductions from wages. However, more importantly LLP members are afforded the full protection of whistleblowing and discrimination legislation.
Of course, members of LLP’s do get into disputes of many kinds. These disputes should no longer be viewed as solely involving partnership law. There may well be employment law issues effecting the rights and potential remedies of the members.
Rachel O’Connell, Director & Solicitor at Just Employment Ltd