Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Employment Law

Legal guidance - compliance - software

05 OCT 2012

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.

To view the case transcript, you must subscribe to Jordans Employment Law Online (if you already subscribe click here to log in).

To request a free trial click here and select Jordans Employment Law online from the drop down menu

TUPE

Law and Practice

The status of employment rights on the transfer of an undertaking is an extremely complex area of...

More Info from £90.00
Available in Employment Law Online
EU & International Employment Law

EU & International Employment Law

"A very welcome addition to the very limited range of material available on domestic employment...

More Info £1,348.00
Available in Employment Law Online
Subscribe to our newsletters