Partnership discrimination & whistleblowing

Although partners and LLP members do not enjoy protection from unfair dismissal and other employee protections, they are protected against discrimination on the same basis as employees in connection with their partnership or membership and offers of partnership or membership.

LLP members may in certain cases fall within the definition of “workers” in the relevant legislation and will therefore be protected from detriment if the LLP seeks to retaliate against them for having made protected disclosures in the public interest. However, not all LLP members will meet this definition. Members of professional services LLPs will often qualify, but it is not always the case. Partners in traditional partnerships may not qualify as workers, although it is an untested question which may be answered by case law.