header-logo header-logo

02 June 2011 / Sarah Rushton
Issue: 7468 / Categories: Features , Company , Commercial
printer mail-detail

Limited partnerships?

The status of partners is a risky business, says Sarah Rushton

IN BRIEF

  • Partnerships and LLPs should not overlook the fact that equity partners have “employee” rights. They are protected by the Equality Act and can bring employment tribunal claims.

Prior to 2001, partnerships were governed by the terms of their deed and, in default, the terms of the Partnership Act 1890. However, since 2001 there has been an alternative structure for partners. Under the Limited Liability Partnerships Act 2000, two or more people wishing to carry on business together can do so as an LLP. The relationship between the members of an LLP is covered by the membership agreement.

There has been considerable legal debate around the issue of partnership and LLPs and whether or not different classes of partners or members are truly self employed partners or employees. To the outside world, a “partner” is simply someone who is held out as such, but the term partner can actually mean many different things: full equity, fixed share, salaried etc.

Where concerns

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Church Court Chambers—Maryam Syed KC

Church Court Chambers—Maryam Syed KC

Church Court Chambers welcomes Maryam Syed KC

Devonshires—Sean Garbutt

Devonshires—Sean Garbutt

Devonshires strengthens construction team with appointment of partner Sean Garbutt

Thackray Williams—Alexandra Hubbard

Thackray Williams—Alexandra Hubbard

Thackray Williams strengthens employment team with dual-qualified solicitor

NEWS
Judges and lawyers reviewing the rules of disclosure have ruled out a return to the old system of CPR Part 31, and will consult on proposals to simplify the Practice Direction (PD) 57AD regime by early next year
A consumer organisation has hit back at the Financial Conduct Authority (FCA) for encouraging motor finance compensation claimants to steer clear of law firms and claims management companies
A fast, free and anonymous piece of software has been launched to help law practices comply with their regulatory duty to guard against an increasing onslaught of cyberattacks
A mood of cautious optimism has enveloped the criminal law sector following indications the prime minister may abandon planned jury reforms
The Court of Appeal has held user damages are recoverable in a competition claim, in Meta Platforms Inc and other companies v Gormsen [2026] EWCA Civ 993
back-to-top-scroll