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In a landmark decision, the Supreme Court has ruled that members of a Limited Liability Partnership (LLP) are protected by the whistle blowing legislation. Former Clyde & Co partner Bates Van Winklehof alleged that she was dismissed from the firm after blowing the whistle on alleged bribery.

The firm had disputed the claim on the grounds that the London court had no jurisdiction to hear it because members of LLPs are not ‘workers’ as defined by the Employment Rights Act. The first instance Employment Tribunal agreed, but the Employment Appeal Tribunal overturned the decision.

The decision is just one step in a long and bitter dispute between Ms Bates Van Winklehof and her former firm.

She has also alleged Sexual Discrimination, which Clydes failed to get thrown out on the grounds of jurisdiction.

Obviously this latest decision does not make any comment on the actual merits of her claims but does mean that she will now have the opportunity to air them.

Sarah Rushton (

This is intended for general information only and should not be considered as giving advice in relation to any individual case nor be taken as applying to any particular case. No liability is accepted for any such use of the information.


Standout firm known for its personal insolvency work for clients including private companies, individuals and governmental institutions. Frequently acts for insolvency practitioners, assisting with the realisation of assets, both in the UK and abroad.

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