Worker Status for Equity Partners - Bates van Winklehof v Clyde & Co LLP
Published on: 06/08/2015
Article Authors The main content of this article was provided by the following authors.
Majella Culbert Senior Manager/Solicitor - Head of Employment Law at PwC NI
Majella Culbert Senior Manager/Solicitor - Head of Employment Law at PwC NI
Majella culbert 2022

Majella heads up the Northern Irish legal team. Since qualification in 2005, Majella has specialised in the area of employment law and she has experience of acting on behalf of employers in relation to all aspects of employment law, both contentious and non-contentious. This includes advising in relation to recruitment, contracts of employment, employment policies, disciplinary and grievance procedures, compromise agreements, dismissal, discrimination, redundancy and TUPE matters. She has also represented employers in Northern Ireland Tribunal and Court of Appeal claims in respect of a wide range of matters including discrimination, unfair dismissal, TUPE disputes, working time and payment of wages claims. Majella is an experienced employment law practitioner and an expert in employment law compliance. Majella regularly assists clients in internal appeal processes, whistleblowing investigations and pre-litigation strategy and negotiations.

Majella has a particular interest in advising clients on IR35/employment status and NMW compliance.

In 2013 Majella completed a diploma in Irish employment law through the Law Society of Ireland and obtained an Irish practicing certificate. This dual qualification allows Majella to advise clients on an all-Ireland basis as well as being able to advise on UK employment law.

Majella has been a regular speaker at Legal Island and PwC training events for over twelve years, covering a broad range of employment law topics including essentials of employment law, disability discrimination, Section 75 legal requirements and tribunal practice and procedure.

We asked Majella McGuinness, solicitor, of PricewaterhouseCoopers Legal LLP to examine the recent case which deals with worker status for equity partners - Bates van Winklehof v Clyde & Co LLP.


The issue
Ms Bates van Winkelhof became an equity partner of Clyde & Co LLP in February 2010. She received a profit-related element of remuneration and a guaranteed level of remuneration. This differed from senior equity members who were remunerated by a share of profits only. Ms Bates was expelled from the partnership in January 2011. She brought a number of claims in the employment tribunal, one of which was that her expulsion amounted to detrimental treatment on the grounds of her having made protected disclosures (a whistleblowing claim

Continue reading

We help hundreds of people like you understand how the latest changes in employment law impact your business.

Already a subscriber?

Please log in to view the full article.

What you'll get:

  • Help understand the ramifications of each important case from NI, GB and Europe
  • Ensure your organisation's policies and procedures are fully compliant with NI law
  • 24/7 access to all the content in the Legal Island Vault for research case law and HR issues
  • Receive free preliminary advice on workplace issues from the employment team

Already a subscriber? Log in now or start a free trial

Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 06/08/2015