Judges rule against whistle-blower

A lawyer who was dismissed after accusing a colleague of money laundering and paying bribes has seen her latest claim rejected at the Court of Appeal.

Krista Bates van Winkelhof was seeking to bring a claim against London law firm Clyde & Co on the grounds of unfair treatment after her whistle-blowing. But Lord Justice Lloyd, Lord Justice Richards and Lord Justice Elias ruled against her due to the fact that she was a partner at Clyde & Co, which was registered as a limited liability partnership. This meant that she was not defined as a worker under the Employment Rights Act and as such was unable to bring a whistle-blowing claim to an employment tribunal.

Ms Bates van Winkelhof’s case relates to her work as part of a joint venture with Ako Law in Tanzania. In 2010 she reported that Ako Law’s managing partner was money laundering and paying bribes “both to secure work and to affect the outcome of cases”, the judges said. Clyde & Co suspended her the following day and she was “expelled as a member” less than two months later, they added.

IBB’s Employment Team provides advice on the employment aspects of all major business decisions. To contact a member of the team for advice, call us on 01895 207892 or email employment@ibblaw.co.uk