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Limited partnerships?

02 June 2011 / Sarah Rushton
Issue: 7468 / Categories: Features , Company , Commercial
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The status of partners is a risky business, says Sarah Rushton

IN BRIEF

  • Partnerships and LLPs should not overlook the fact that equity partners have “employee” rights. They are protected by the Equality Act and can bring employment tribunal claims.

Prior to 2001, partnerships were governed by the terms of their deed and, in default, the terms of the Partnership Act 1890. However, since 2001 there has been an alternative structure for partners. Under the Limited Liability Partnerships Act 2000, two or more people wishing to carry on business together can do so as an LLP. The relationship between the members of an LLP is covered by the membership agreement.

There has been considerable legal debate around the issue of partnership and LLPs and whether or not different classes of partners or members are truly self employed partners or employees. To the outside world, a “partner” is simply someone who is held out as such, but the term partner can actually mean many different things: full equity, fixed share, salaried etc.

Where concerns

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MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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