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PLEASE NOTE: Information in this article is correct at the time of publication, please contact DFA Law for current advice on older articles.

In Clyde & Co LLP and another v Bates van Winkelhof, the Claimant was an equity partner of Clyde & Co LLP who was seconded to work for a Tanzanian law firm.

She was expelled from the partnership and brought claims of whistleblowing and unlawful sex discrimination in the Employment Tribunal.

This is the first case to test whether an LLP member can be a worker.

The Tribunal held that it did not have jurisdiction to hear the Claimant’s whistleblowing claim on the grounds that she was not a worker, but it held that it did have jurisdiction to hear her discrimination claims. She appealed to the Employment Appeal Tribunal who overturned the Tribunal’s judgment in respect of her employment status, holding that she was in fact a worker.

The Court of Appeal allowed Clyde & Co’s appeal on worker status and as a result the Claimant cannot proceed with her whistleblowing claim. It did however, dismiss Clyde & Co’s appeal against the decision on territorial jurisdiction. Permission for the Claimant to appeal to the Supreme Court was granted on 12th February 2013.

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