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20 June 2014 / Tom Walker
Issue: 7611 / Categories: Opinion , Employment , Commercial
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Whistle while you work

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Tom Walker & Phillip D’Costa review the status of LLP members

Every now and then, the Supreme Court hands down a succinct judgment which both clarifies the law and demonstrates how their lordships have attained their lofty position. The question of whether a member of an LLP can be a “worker” has been open for several years, involving numerous excursions into employment law, the Limited Liability Partnerships Act 2000 and the law of partnership. At last, clarity has been provided by Lady Hale in a 14 page judgment in Clyde & Co LLP v Bates van Winkelhof [2014] UKSC 32, [2014] All ER (D) 173 (May).

What is a worker?

The concept of a “worker” in employment law took prominence following the introduction of the Working Time Regulations in 1998. The definition has been argued over in the courts and tribunals ever since. In short, an employee is someone closely linked to a firm and who is required personally to carry out that firm’s instructions; in return the firm is obliged to provide the employee with work. Conversely, a self-employed contractor

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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