U.K. High Court Extends Whistleblower Protections to Law Firm Partners

U.K.’s highest court has expanded the rights of lawyers in the country to blow the whistle against their firms.

In a closely watched case, the Supreme Court of the United Kingdom on Wednesday ruled that partners of law firms and other members of limited liability partnerships who disclose illegal activities in their workplace can be shielded from retaliation like other employees.

The case in question involved a female lawyer based in Tanzania who was fired from her job at Clyde & Co LLP after complaining to an employment tribunal that a Tanzanian law firm that had a joint venture with her employer was paying bribes to secure clients.

Overruling the tribunal and an appellate court which both said she was not protected by the law, the Supreme Court court said the lawyer, Krista Bates van Winkelhof, who had an equity stake in the firm, was entitled to claim the protection of the whistle-blowing provisions of a 1996 U.K. labor rights law.

“That conclusion is to my mind entirely consistent with the underlying policy of those provisions, which some might think is particularly applicable to businesses and professions operating within the tightly regulated fields of financial and legal services.” stated Supreme Court Judge Brenda Hale in the ruling.

“This case was about ensuring that lawyers, accountants, hedge-fund managers and a host of other professionals are protected against dismissal if they blow the whistle,” Ms. Van Winkelhof’s lawyer, Joanna Blackburn, told Bloomberg, which reported on the case. “High-profile collapses like Enron and Arthur Andersen demonstrate why we need partners to speak out if they spot wrongdoing.”

Clyde & Co., in a statement to Bloomberg, said the law firm denies Ms. Van Winkelhof’s allegations. “We contend the process of her removal from the partnership was set in place . . . before her disclosures,” the firm’s statement said.

Herbert Smith Freehills LLP, an international law firm based in London, posted an online bulletin about the implications of the ruling:

"In addition to whistleblowing protection, the decision means that LLP members benefit from other statutory rights and protections available to workers, including entitlement to rest breaks and paid annual leave, protection from being treated less favourably on account of part-time status and, it is likely, rights under the pension auto-enrolment regime. Firms that operate as an LLP should therefore urgently review the policies and working conditions that apply to their members to ensure compliance."

Διαβάστε την απόφαση εδώ : JUDGMENT: Clyde & Co LLP and another (Respondents) v Bates van Winkelhof (Appellant)