… most LLP members are entitled to a number of rights and protections …

The Supreme Court has handed down judgment in favour of Ms van Winkelhof in the case of Clyde & Co LLP v Bates van Winkelhof, finding that she was a “worker” within the meaning of section 230(3) of the Employment Rights Act 1996.

The basis for the decision is that Ms van Winkelhof could not market her services as a solicitor to anyone other than the LLP and was an integral part of their business. The LLP could not be said to be her client or customer.

This decision means that most LLP members are entitled to a number of rights and protections including the right to auto-enrolment in a qualifying pension scheme, whistleblower protection, paid holiday, the right not be treated less favourably if working part-time, protection under the Working Time Regulations and the right to receive the Minimum Wage.

 

If you are affected by any of the issues raised in this post and would like a confidential, no obligation meeting or telephone discussion to explore how I can assist you, please contact me.

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