Partners, LLP Members and Worker Rights
Increasingly, partners and LLP members are finding themselves in situations where they need to take advice as the legal position of partners and LLP members is often unclear.
Many partners and LLP members will have additional rights beyond those set out in any partnership agreement or LLP agreement. For example, depending on the way in which they have been engaged and how they have worked, they may be employees, with associated employment rights.
Alternatively, they may be “workers”. This is a status between employment and self-employment and has various associated rights, for example, not to have deductions made from pay, to be included in pension auto-enrolment arrangements and not to be discriminated against.
The rights of workers, as compared to employees, are summarised in the table that can be found here (PDF).
The recent Supreme Court decision of Clyde & Co LLP v Bates van Winkelhof confirmed that most LLP members will be workers and we regularly advise partners and LLP members on the consequences of this decision and their particular rights.
We also provide strategic advice to partners and LLP members on how to achieve an exit on the best possible terms. This includes the tactics of negotiation and consideration of non-financial aspects (in addition to financial terms) including timing, dealing with capital and tax reserve accounts, announcements, references and outplacement support.
Recent examples of work in this area include:
- Acting for full equity and fixed share members of a major international law firm in connection with their departures, including negotiating terms and advising on all aspects of their departures.
- Advising on the best way of dealing with the departure of a group of partners from a large law firm to join a competing business.
- Assisting various fixed share members of various top 20 law firms in relation to the termination of their LLP memberships.
- Advising various major employers on worker status and its impact on their workforces, including dealing with holiday pay, disciplining and removing workers and the auto-enrolment of workers.
Why use Myerson’s Employment Team?
We are determined and robust on your behalf, but also easy to deal with and clear in our advice. We will fight your corner but understand that a common sense approach is often required in order to find solutions that work for you in the context of your professional and personal circumstances.
Collectively, we have over fifty years’ experience of providing strategic employment law advice to senior individuals and others facing difficult work-place issues and who need support and guidance in:
- understanding their legal rights and their practical options; and
- achieving the best possible outcome, whether at the start, during or at the end of their working relationship.
In particular, we offer:
- Clear and straightforward advice.
- Cost-effective support and certainty on costs where you need it.
- Extensive experience of advising senior executives, directors, partners and others with complex employment concerns, including discrimination issues and group claims.
- A credible team that is used to dealing with and acting against large employers and law firms on behalf of our clients.
Our approach to costs
We work closely with our clients to ensure that we meet their expectations both in terms of their objectives for a particular piece of work and in relation to costs. In addition, we are happy to discuss fixed fees and retainer arrangements if that is helpful to you.
If you would like assistance in relation to LLP membership, partnership rights or worker status, please contact a member of our employment team.