UK: Partners - LLP equity member may be "worker"; Lawson v Serco test on territorial jurisdiction applied to discrimination and whistleblowing claims

The EAT has ruled that a (junior) equity partner of a law firm, who was entitled to a profit-related element of remuneration and a guaranteed level of remuneration, was a "worker" of the firm and therefore eligible to claim whistleblowing protection.

Because the EAT considered that the partner was working for the firm, was in a subordinate position to the firm and the firm was not her client, she therefore satisfied the "worker" test.  The position might be different for a senior equity member remunerated by a share of profits only.

The EAT also ruled that the tribunal had territorial jurisdiction to consider the partner's whistleblowing and discrimination claims despite the fact that at the relevant time the partner had been seconded to a Tanzanian law firm as part of a joint venture arrangement with the UK partnership.  It considered that it was permissible for the tribunal to apply the Lawson v Serco test (for jurisdiction over unfair dismissal claims with a foreign element) and to conclude on the facts (set out here) that the partner had a very strong connection with Britain.

The law firm has indicated that it is seeking leave to appeal. (Bates Van Winkelhof v Clyde & Co, EAT)