Wilsons Solicitors Llp & Ors v Roberts (Rev 1)

Wilsons Solicitors Llp & Ors v Roberts (Rev 1)

The Employment Tribunal erred in striking out the claim for post-termination losses because, even if the claimant's resignation was ineffective under LLP law, it remained a question of fact whether the alleged unlawful detriments made his position untenable and led to his expulsion, thereby making post-termination losses attributable to those detriments. The chain of causation is not necessarily broken by a lawful termination, and the issue must be determined on evidence at a substantive hearing.

Parties
Appellants: Wilsons Solicitors LLP & Others; Respondent: Roberts
Jurisdiction
England and Wales
Judgment Date
26 January 2018
Procedural Posture
Civil Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Whistleblowing, Protected Disclosures, Compensation for Detriment, Causation in Employment Claims, LLP Membership Termination, Constructive Dismissal
Employment Law Partnership Law Whistleblowing Protected Disclosures Compensation for Detriment Causation in Employment Claims LLP Membership Termination Constructive Dismissal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 15 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Wilsons Solicitors LLP & Others

Appellants

Roberts

Respondent

Procedural Posture

Civil Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether an LLP member protected by whistleblowing provisions can claim compensation for post-termination losses attributable to pre-termination unlawful detriment, even if lawfully expelled as a member
  2. 2 Whether the lawful act of termination breaks the chain of causation for compensation purposes
  3. 3 Whether the Employment Tribunal was correct to strike out the claim for post-termination losses

Ratio Decidendi

The Employment Tribunal erred in striking out the claim for post-termination losses because, even if the claimant's resignation was ineffective under LLP law, it remained a question of fact whether the alleged unlawful detriments made his position untenable and led to his expulsion, thereby making post-termination losses attributable to those detriments. The chain of causation is not necessarily broken by a lawful termination, and the issue must be determined on evidence at a substantive hearing.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the matter is remitted for substantive hearing before the Employment Tribunal.