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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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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
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Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
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A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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