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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

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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