Van Winkelhof v Clyde & CO LLP & Anor (Jurisdictional Points : Worker, employee or neither) [2012] UKEAT 0568_11_2604 (26 April 2012)

Van Winkelhof v Clyde & CO LLP & Anor (Jurisdictional Points : Worker, employee or neither) [2012] UKEAT 0568_11_2604 (26 April 2012)

An LLP equity member who is recruited to work as an integral part of the firm, with guaranteed remuneration and restrictions on offering services elsewhere, is a limb (b) worker under section 230(3) ERA; the exclusion proviso does not apply. The Employment Tribunal has territorial jurisdiction where the employment relationship has sufficiently strong connections with Great Britain, even if work is performed abroad.

Citation
[2012] UKEAT 0568_11_2604
Parties
Claimant: Mrs K L Bates van Winkelhof; First Respondent: Clyde & Co LLP; Second Respondent: Mr J Morris
Jurisdiction
United Kingdom
Judgment Date
26 April 2012
Procedural Posture
Employment Appeal / Appeal From Pre Hearing Review Judgment
Outcome
Appeal allowed, cross-appeal dismissed, disclosure appeal dismissed
Legal Topics
Worker Status, Whistleblowing, Sex Discrimination, Pregnancy Discrimination, Extraterritorial Jurisdiction, Disclosure Orders
Employment Law Equality Law Worker Status Whistleblowing Sex Discrimination Pregnancy Discrimination Extraterritorial Jurisdiction Disclosure Orders

Case Brief

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Parties

Mrs K L Bates van Winkelhof

Claimant

Clyde & Co LLP

First Respondent

Mr J Morris

Second Respondent

Procedural Posture

Employment Appeal / Appeal From Pre Hearing Review Judgment

Legal Issues

  1. 1 Whether an LLP equity member is a limb (b) worker under section 230(3) Employment Rights Act 1996
  2. 2 Whether the Employment Tribunal has extraterritorial jurisdiction to hear whistleblowing and discrimination claims
  3. 3 Validity of disclosure order

Ratio Decidendi

An LLP equity member who is recruited to work as an integral part of the firm, with guaranteed remuneration and restrictions on offering services elsewhere, is a limb (b) worker under section 230(3) ERA; the exclusion proviso does not apply. The Employment Tribunal has territorial jurisdiction where the employment relationship has sufficiently strong connections with Great Britain, even if work is performed abroad.

Court Disposition

Appeal allowed, cross-appeal dismissed, disclosure appeal dismissed

Orders

  • Declaration that Claimant is a limb (b) worker under section 230(3) ERA
  • Employment Tribunal has jurisdiction to hear whistleblowing and discrimination claims