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Clyde & Co appeal to set whistleblower protection principle

By Melissa Lesh

26 March 2014 at 09:41 BST

Former Clyde partner Krista Bates van Winkelhof argues she should get the same protection as an employee when it comes to termination for being a whistleblower.


The 1996 Employment Rights Act (ERA) stipulates that only employees get protection from unfair dismissal, but the appeal’s central issue is whether LLP members should be classed as ‘workers’ for the purposes of whistleblower protection.  Thomas Linden QC, Winkelhof’s representative, said they should receive the same protection because there is a public interest argument for partners to 'raise issues of wrongdoing without the fear of victimisation.'  Andrew Stafford, speaking for Clyde & Co, cited the ERA and said partners cannot be employees “because [it would mean] the partnership is contracting with theirselves.”  The landmark Supreme Court case is on-going.  Source: Lccca.org


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