Williamson and Soden Solicitors v Briars: EAT 20 May 2011

EAT JURISDICTIONAL POINTS – Worker, employee or neither
A Tribunal determined that a solicitor who had been an employee, but who then accepted remuneration calculated as a ‘profit share’, remained an employee and did not become a partner. It did so without express reference to the Partnership Act 1890, and was contended to be wrong in law to fail to do so, and to have failed to ask at the outset whether the test of conducting business in common with a view of profit under that Act had been satisfied. The appeal was dismissed, since neither was required; the question was whether the solicitor was an employee, which was a question of fact to be determined (and was) by applying the appropriate legal tests, and the answer to which was in any event plainly and obviously right.

Langstaff J
[2011] UKEAT 0611 – 10 – 2005
Partnership Act 1890, Employment Rights Act 1996 230(2)
England and Wales
Cited by:
CitedClyde and Co Llp v Van Winkelhof EAT 26-Apr-2012
Worker, employee or neither
Working outside the jurisdiction
Whether LLP equity member was a limb (b) worker under section 230(3). Allowing Claimant’s appeal, she was. . .

Lists of cited by and citing cases may be incomplete.

Employment, Company

Updated: 11 November 2021; Ref: scu.441461