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(1) CLYDE & CO LLP (2) JOHN MORRIS v KRISTA BATES VAN WINKELHOF

The effect of the Limited Liability Partnerships Act 2000 s.4(4) was that a member of an LLP who would have been a partner under the Partnership Act 1890 could be neither an employee nor a worker under the Employment Rights Act 1996 s.230.

28 September 2012

The appellant limited liability partnership (P) appealed against a decision ([2012] IRLR 548) that the respondent (V) was a “worker” for the purposes of the Employment Rights Act 1996 s.230.

P was a British law firm. V was an equity member and had been seconded to Tanzania as part of a joint venture with a Tanzanian law firm. She worked in Tanzania for the majority of the time but worked in London several times a year, for approximately two weeks at a time. She paid tax in Tanzania and National Insurance in Britain. She was dismissed by the Tanzanian firm after alleging that it was involved in money laundering. P expelled her from the partnership. She brought a whistle blowing claim and a sex discrimination claim against P. Her claims could only succeed if she was found to be a “worker” within the meaning of s.230(3), and if the tribunal had ...

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