New Judgment: Clyde & Co LLP & Anor v Winkelhof  UKSC 32
21 Wednesday May 2014
On appeal from:  EWCA Civ 1207.
Summary: The Court were asked whether a member of a limited liability partnership could be considered a ‘worker’ under the Employment Rights Act 1996, s 230(3) and would therefore be protected in bringing a whistleblowing claim under the Public Interest Disclosure Act 1998.
The Court unanimously held that a member of an LLP is a worker within the meaning of the 1996 Act and as such was entitled to the protection granted to whistleblowers under the 1998 Act.
They held there was no need to have such a restricted construction to the meaning of a worker and that the phrase ‘employed by’ under the Act would cover those employed under a contract of service. They also concluded that the decision depended on the specific characteristics of an LLP, and did not necessarily apply to other forms of partnership.