Why Status Matters

more+
less-

The UK Court of Appeal recently decided that a law firm partner was not a “worker” of the firm. The partner could not, therefore, bring a whistleblowing claim against the firm after she was dismissed from the partnership following her disclosure that an associated law firm had engaged in bribery and money laundering. In the UK, employees and other “workers” benefit from protections against being subjected to a detriment if they make protected whistleblowing disclosures. The Court of Appeal decided that the partner was a genuine partner of the firm and, as such, was not a worker with consequential protections for blowing the whistle on the alleged misconduct.

Background -

Ms. Krista Bates van Winkelhof was a member of Clyde & Co LLP. She was held out to be a “partner”, as is common in law firms, even though the firm was a limited liability partnership (where individuals are members) rather than a general partnership (where individuals are partners). She was seconded to a Tanzanian joint venture partner of Clyde & Co LLP, Ako Law, at the relevant time of her claims. She was also employed locally by Ako Law as required under Tanzanian law. Ms. Bates van Winkelhof had the title of equity partner and was entitled to receive profit-related income and guaranteed income from the firm.

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Published In: Administrative Agency Updates, Business Organization Updates, Criminal Law Updates, Finance & Banking Updates, Labor & Employment Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© King & Spalding | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »