Bates van Winkelhof v Clyde & Co LLP UKEAT/0568/11/RN (2012) EMPLR 141
Requirements to be classified as worker
26 April 2012
Employment Appeal Tribunal
HHJ Peter Clark
A senior equity member of a limited liability partnership may be a worker for the purposes of the whistle-blowing legislation.
B made allegations of bribery against the managing partner of a Tanzanian firm linked to C & Co. She was later expelled from the partnership. She claimed this was because of the allegations she made and this action therefore contravened the whistle-blowing legislation.
Only workers can bring such complaints in employment tribunals. The EAT said that, to be a worker, four requirements must be satisfied:
1. there must be a contract;
2. that contract must require the individual to do work or provide services personally;
3. the work or services must be done for the other party to the contract; and
4. the other party must not be a client or customer of a profession or business carried on by the individual.
Applying that test, B was held to be a worker.
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