Clyde & Co LLP & Anor v Bates Van Winkelhof

Clyde & Co LLP & Anor v Bates Van Winkelhof

A member of an LLP who, if the LLP were a traditional partnership under the 1890 Act, would have been a partner, cannot be a 'worker' under Section 230 of the Employment Rights Act 1996 due to the nature of the partnership relationship and the effect of Section 4(4) of the LLP Act 2000. However, the Employment Tribunal has jurisdiction to hear discrimination claims where there are sufficiently strong connections with Great Britain, even if the claimant worked primarily abroad.

Parties
Appellant: Clyde & Co LLP; Appellant: John Morris; Respondent: Krista Bates Van Winkelhof
Jurisdiction
England and Wales
Judgment Date
26 September 2012
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From Employment Appeal Tribunal
Outcome
Appeal allowed in part and dismissed in part
Legal Topics
Worker Status Under Employment Rights Act, Limited Liability Partnerships, Whistleblowing, Sex and Pregnancy Discrimination, Territorial Jurisdiction of Employment Claims
Employment Law Discrimination Law Worker Status Under Employment Rights Act Limited Liability Partnerships Whistleblowing Sex and Pregnancy Discrimination Territorial Jurisdiction of Employment Claims

Case Brief

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Parties

Clyde & Co LLP

Appellant

John Morris

Appellant

Krista Bates Van Winkelhof

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From Employment Appeal Tribunal

Legal Issues

  1. 1 Whether a member of a limited liability partnership (LLP) can be a 'worker' under Section 230 of the Employment Rights Act 1996
  2. 2 Whether the Employment Tribunal had jurisdiction to hear claims where the claimant worked primarily outside Great Britain

Ratio Decidendi

A member of an LLP who, if the LLP were a traditional partnership under the 1890 Act, would have been a partner, cannot be a 'worker' under Section 230 of the Employment Rights Act 1996 due to the nature of the partnership relationship and the effect of Section 4(4) of the LLP Act 2000. However, the Employment Tribunal has jurisdiction to hear discrimination claims where there are sufficiently strong connections with Great Britain, even if the claimant worked primarily abroad.

Court Disposition

Appeal allowed in part and dismissed in part

Orders

  • Claimant may pursue discrimination claims against both appellants
  • Claimant may not pursue the whistleblowing claim