Tim Leaver & Nick Wright report on clarification from the Supreme Court that LLP members are workers
Employment law distinguishes between “employees” and “workers”, conferring extensive rights on employees (including the right to not be unfairly dismissed) but far fewer rights on workers. Generally, self-employed people who are in business on their own account and undertake work for their clients or customers fall within neither category, have no specific employment law rights and must instead rely on general statutes (eg in respect of health and safety) and common law rights in contract and tort to protect themselves when going about their business. In some cases, however, self-employed people will be considered to be “workers”. The question for the Supreme Court (SC) in Clyde & Co LLP and another v Bates van Winkelhof [2014] UKSC 32, [2014] All ER (D) 173 (May) was whether LLP members can claim this status.
Section 230(3) of the Employment Rights Act 1996 (ERA 1996) sets out the definition of a “worker”. The first limb of that section (s 230(3)(a)) covers an individual who has entered into, works
