Dark yellow tint silhoutte of white joints and skyscrapers in the background.

Whistleblowing partners – no need to add any mystery ingredient

12 June 2014

The Supreme Court has provided welcome clarification of the scope of whistleblowing protection for partners and members of LLPs in the case of Clyde & Co v Bates van Winkelhof[1].

The question for determination was whether the claimant, a member of a limited liability partnership (LLP) could be a "worker" within section 230(3)(b) of the Employment Rights Act 1996 (ERA).  If so, the claimant could claim protection from detriment (which in the claimant's case included expulsion from the LLP) on the grounds that she had made a whistleblowing complaint. The court found in the affirmative, which was not surprising given the policy considerations that underpin the Employment Rights Act.

To read the full article on this case, please click here.

[1] 2014 UKSC 32; judgment given 21 May 2014.