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 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.