Clyde and Co LLP and Anor v Bates Van Winkelhof 2012 EWCA Civ 1207
The Court of Appeal held that a member of a limited liability partnership (LLP) was not an employee or worker for the purposes of the Employment Rights Act 1996. The court held that it was a legal impossibility for a partner to be both a worker and an employer.So Miss Bates lost the right to bring her whistleblowing claim against the LLP but the Court upheld the employment judge's finding that she had a sufficient connection with Great Britain and British employment law to pursue her claims against the LLP before the Employment Tribunal for discrimination.
Key point: Employees on secondment to a foreign company may well be able to bring claims in Great Britain and displace the territorial pull of their place of work.
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