Winkelhof whistleblower equity partner is a “worker”

by Peter Garry on 18 May 2012

“… any partner or member who agrees to devote their full time and attention to the practice may well be a “worker” …”

The case of Bates van Winkelhof v Clyde & Co in the Employment Appeal Tribunal (“EAT”) has made new law, answering the question: can an equity member of an LLP be a “worker” for the purposes of the Employment Rights Act (“ERA”)? The answer, in brief, is yes. This decision has considerable implications for professional practices.

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5 questions for professional practices following the Seldon age discrimination judgment

by Peter Garry on 26 April 2012

“… if the answer to any of these questions is, “No,” there may be a problem …”

Following the Supreme Court judgment in Seldon, how do professional practices quickly determine whether or not they should be taking advice on their current partner or LLP member retirement provisions, with a view to minimising the risk of age discrimination claims by partners/members in the future?

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Tiffin brings more certainty as to who is and who is not a partner

7 February 2012

“… In these difficult times, in which many professional practices are facing potential or actual insolvency, it is important for “partners” to know what liabilities they face …” Last week’s Court of Appeal judgment in the case of Tiffin v Lester Aldridge LLP [2012] EWCA Civ 35 has brought more certainty to the frequently arising [...]

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A final resolution of professional practice age discrimination issues?

7 January 2012

“… Most UK professional practices operate a system of inherently discriminatory compulsory retirement of partners at a fixed age, regardless of ability or performance, on the assumption that this is legally justified …” The case of Seldon v Clarkson Wright & Jakes is due to be heard by the Supreme Court on 17 January 2012 [...]

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Partnership dissolution – building (incomplete) bridges

22 August 2011

“… The classic example that is often given is where a firm has contracted to build a bridge, and dissolution occurs when only half of the bridge has been built …” The recent case of Boghani v Nathoo [2011] EWHC 2101 (Ch) (judgment 2 August 2011) is a useful modern authority relating to the obligation [...]

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LLP + no LLP members’ agreement = litigation

9 March 2011

“… considerable profits have been made, and essentially it is worth fighting over …” The recent case of Eaton v Caulfield & others (an unfair prejudice petition brought under section 994 of the Companies Act 2006, coupled with a just and equitable winding up petition under section 122(1)(g) of the Insolvency Act 1986) highlights the difficulties faced [...]

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PLAWBites – Partnership Dissolution FAQs

15 February 2011

The first in a new series of bite-sized FAQs on aspects of partnership and LLP law Partnership dissolution FAQs:  What is dissolution? In the partnership context, “dissolution” describes both an event and a process :

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Breach of duty of confidentiality via SAR audit

13 February 2011

“… while nobody sympathises with a money-launderer or other criminal, not only is there the possibility of a damages claim from a client, but also regulatory sanctions in addition …” Solicitors could inadvertently breach their obligations to certain clients by allowing their Solicitors Accounts Rules (SAR) auditors to view those clients’ files. Solicitors and other [...]

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Pursuing harassment rather than discrimination

25 November 2010

“… most conduct that would have been sufficient to justify a discrimination or sexual harassment claim may well be oppressive and unacceptable and cause anxiety, alarm or distress …” It is quite a common occurrence these days to find at the first meeting with a client that he or she has a perfectly good discrimination [...]

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Insurance renewal-induced cessation

24 September 2010

“… If someone is completing on Friday it does not help them if their solicitor ceases to practise on Thursday …” Some legal practices are only now, with one week to go, receiving premium quotes for their 1 October 2010 professional indemnity insurance renewal. It is nail-biting for them as they may have only one quote – it is [...]

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