Blog
Parting ways with LLP partners – top tips on partner exits
Andreas White
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.
What clients and directories have said
They are knowledgeable about both the law regarding the regulation of solicitors and the practice of the SRA – clearly very experienced in their dealings with the regulator (including individuals who have worked there). They worked extremely well with Counsel when instructed. Displayed a sensible approach to billing and above all showed they had my interests at heart and gave considerable reassurance about the strength of my case."
Legal 500 UK 2023
I have worked in the legal industry for 19 years and I would rate them as the best team I have worked with in terms of human intelligence and strategy. Compassion and emotional intelligence are a much under-used quality in the profession and they have it in abundance."
Legal 500 UK 2022
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
The team has exceptional lawyers at every level and they all show total commitment to their clients, always going above and beyond for them. It is a truly collaborative experience when working with them and, together with their personable style, this makes it a truly enjoyable and rewarding experience to work with them. They are my number one choice when asked to recommend solicitors."
Legal 500 UK 2023
