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Williamson & Soden Solicitors v Briars - partner or employee of partnership?

When a question arises at an employment tribunal as to whether a person is truly a partner in a partnership or an employee of the partnership there is no rule of law requiring the test of partnership or the test of employment to be applied first.  The only issue for the tribunal is whether the claimant is an employee within Employment Rights Act 1996 s.230, a question of fact to be determined by a tribunal in all the circumstances.

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