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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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EIP strengthens Commercial practice with a new partner

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A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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