Neither case law nor statute had addressed whether or not members of a limited liability partnership (LLP) might have the legal status of 'workers' until the decision of the Court of Appeal in Clyde & Co v Bates van Winkelhof [2012] EWCA Civ 1207. The case also addressed territorial jurisdiction issues as the claimant worked mostly in Tanzania. The law creating LLPs is difficult to interpret. As regards to employment status, section 4(4) of the Limited Liability Partnership Act 2000 provides: "A member of a limited liability partnership shall not be regarded for any purpose as employed by the limited liability partnership unless, if he and the other members were partners in a partnership, he would be regarded for that purpose as employed by the partnership."
November 22, 2012 at 07:03 PM
1 minute read
The original version of this story was published on Legalweek
The court’s decision raises some key points but the issue is far from resolved, says Eversheds’ Simon Rice Birchall
Neither case law nor statute had addressed whether or not members of a limited liability partnership (LLP) might have the legal status of ‘workers’ until the decision of the Court of Appeal in Clyde & Co v Bates van Winkelhof [2012] EWCA Civ 1207. The case also addressed territorial jurisdiction issues as the claimant worked mostly in Tanzania.
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