In Clyde & Co LLP and another v Bates van Winkelhof, the Court of Appeal held that a former equity partner of a limited liability partnership (LLP) does not come within the definition of a worker under S.230(3) of the Employment Rights Act 1996 and therefore is not eligible to bring a whistleblowing claim against the LLP. Under S.4(4) of the Limited Liability Partnership Act 2000 “a member of a limited liability partnership shall not be regarded for any purpose as employed by the limited liability partnership” (unless a specific exception applies, which was not applicable in this case), and even without that provision, the relationship between an LLP member and an LLP does not reflect the subordination and hierarchy implied or suggested by the statutory definition of a worker.
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