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02 June 2011 / Sarah Rushton
Issue: 7468 / Categories: Features , Company , Commercial
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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

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MOVERS & SHAKERS

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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