Partner in Scottish law firm was not an employee

Ms Morrison, a solicitor, had for many years been a “salaried partner” in Aberdein Considine, a Scottish law firm. She raised a number of claims, some of which required her to have been an employee of the firm in order for the ET to have jurisdiction to deal with them. The ET determined after a hearing that she was not an employee but was a partner. In contrast to English law, under Scottish law a person cannot be both an employee and a partner.

Ms Morrison appealed, contending that the ET had erred in approach.