header-logo header-logo

LLP whistleblowing claim

01 February 2018
Issue: 7779 / Categories: Legal News
printer mail-detail

Wilsons Solicitors have lost the latest stage of their legal fight to stop a former managing partner bringing a whistleblower claim.

The Court of Appeal held, in Wilsons v Roberts [2018] EWCA Civ 52, that Andrew Roberts can pursue his former firm for £3.4m in compensation.

Roberts, a member of Wilsons Solicitors LLP, was the managing partner. Following a dispute over his investigation of a complaint against the senior partner, the other members voted to remove Roberts from his post.

Roberts claimed the others had repudiated the Members’ Agreement, and that their conduct made his continued membership intolerable. The members denied this and asked him to return to work. He declined, and brought a claim for ‘compensation for detriment suffered by a worker as a result of the making of protected disclosures’, under the ‘whistleblowing’ legislation.

However, his claim was struck out on the basis it had no reasonable prospect of success due to a previous High Court decision on the doctrine of repudiatory breach in a dispute over LLP membership.

Delivering his judgment in the Court of Appeal, Lord Justice Singh said the employment tribunal judge ‘moved seamlessly from “the element of the claimant's claim that relates to the termination of his membership” to “the losses that flow from that termination”. The employment tribunal struck both of those elements of the claim out. In fact the second element did not necessarily fall along with the first’.

Mike Parker, managing partner of Wilsons Solicitors said: ‘The case is ongoing and we will continue to defend it vigorously. Mr Roberts was asked to reconsider his role as managing partner due to differences of opinion over the firm’s business plans and management styles.’

Issue: 7779 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll