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In Clyde & Co LLP and another v Bates van Winkelho, the Supreme Court has ruled that members of limited liability partnerships (LLP) can be a 'workers' in terms of of section 230(3)(b) of the Employment Rights Act 1996 and as such, are entitled to protection under the UK's whilste-blowing laws.
It was previously excepted that the as the definition of 'worker' did not extend to partners , neither did whistleblowing protection. This is no longer the case with Supreme Court overturning an earlier Court of Appeal decision.
In giving the lead judgment, Lady Hale said:
""That conclusion is to my mind entirely consistent with the underlying policy of those provisions, which some might think is particularly applicable to businesses and professions operating within the tightly regulated fields of financial and legal services."
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