Partnerships and LLPs

Partners/LLP members and their firms are in a very different legal relationship to employees and employers. Specialist legal advice and assistance is often needed on: interpreting the terms of their partnership/LLP agreements; advising on matters involving partner/LLP member appointments, exits, restrictive covenants, team moves; and issues associated with whistleblowing or unlawful discrimination.
 

Partners and LLP members are (to a greater or lesser extent) part-owners of, and co-venturers in, the business, rather than merely serving it.  As a result, true partners and LLP members are not employees and do not have certain rights, such as the right not to be unfairly dismissed. However, they do have some of the rights that are afforded to workers, such as the right not to be discriminated against on grounds of a protected characteristic (age or sex, for example) and rights associated with the protection of whistleblowers.

In some cases, people are held out to the external world as partners, but in reality they are salaried employees, with all associated employment rights. Hybrid arrangements such as fixed share or junior equity partners can further complicate the position.

Kingsley Napley has extensive experience in advising professional and financial services firms (including law and accountancy firms and fund managers) and their partners/members on partnership/LLP issues and in helping them navigate through what are invariably very sensitive and often complicated issues.

Further information

If you have any questions or require partnership advice, please call or email our partnership specialists.

They are able to address wider employment, criminal, defamation and commercial litigation issues, which makes them very effective as a firm able to deal with complex multi-issue disputes."

Legal 500 UK, 2020

Kingsley Napley LLP leverages its ‘very strong employment capability’ to advise individuals and partnerships on partner moves as well as employment status issues."

Legal 500 UK, 2016

Partnerships and LLPs Insights

View all

Blogs

Legal rights if you're made to work in the office during COVID-19

Partner expulsion case offers lessons to LLP firms and their partners

Will there be cultural change in the financial and professional services?

Two years after #MeToo: is there a case for banning relationships at work?

Successful appeal in non-compete restrictive covenant case emphasises the importance of well drafted post termination restrictions

Whistleblowing and the public interest - clarity at last or further down the rabbit hole?

Injury to feelings award in sex discrimination case: manifestly excessive? The EAT doesn’t think so

Mind the draft – can a warranty also be a representation?

Two disability discrimination issues in one case: Reasonable adjustments not effective without employee consent and maintaining a higher level of pay may be seen as a reasonable adjustment

Has there ever been a better time to be a whistleblower?

“99 Problems”

Top 10 tips for making a Subject Access Request

Top 10 tips for responding to a subject access request

Off the Record: Protected conversations versus “without prejudice” protection

Royal Mail fails to deliver whistleblowing win for fellow employers

UK LLPs watch out - All partners are now ‘workers’

Top tips for law firms recruiting teams and partners

Negotiated exit: avoid the pitfalls of partner and team moves

Close Load more

Skip to content Home About Us Insights Services Contact Accessibility