Legal News

Court of Appeal rules fixed share partners are not employees
Fri 3rd Feb 12 - 15:48

The Court of Appeal, upholding an Employment Appeal Tribunal (EAT) ruling, has decided that former Lester Aldridge partner Martin Tiffin's claim for unfair dismissal was not valid, because, as a member of the firm's limited liability partnership, he did not qualify as an employee.

Tiffin's counsel had claimed that his lack of involvement in management decisions and small profit share meant he was an employee, and was therefore entitled to compensation.

The EAT had upheld the decision of the Southampton Employment Tribunal in December 2009 that Tiffin had been a partner under the Partnership Act 1890 and not an employee under the Employment Rights Act 1996 when he was served a provisional dismissal notice in August 2008 and subsequently terminated from the firm.