ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4105529/2016 Preliminary Hearing at Aberdeen on May 2017 Employment Judge: M A Macleod (sitting alone) Shona Morrison v Represented by Ms M Gribbon Solicitor Aberdein Considine & Company — 2017

At the preliminary hearing on 11 May 2017, Employment Judge M A Macleod considered whether Shona Morrison was an employee or worker of Aberdein Considine & Company when her salaried partnership ended on 30 September 2016. The claimant had joined the firm in 1989, became a salaried partner in 1995, and repeatedly signed updated Partnership Agreements. The agreement described salaried partners as having no interest in the capital, assets or goodwill of the firm, but entitled them to a share of profits and provided for benefits including holidays, sickness and maternity provisions, pension contributions and car expenses.

The tribunal preferred the evidence of Ms Law where it conflicted with the claimant's account. It held that the written Partnership Agreement accurately described the relationship and was reflected in practice. The claimant had identified herself as a partner to the firm, clients and HMRC, accepted that the agreement was the basis of the relationship, had supervisory responsibilities within the conveyancing team, attended quarterly business meetings, was consulted on some partnership matters, and shared in the financial risks and rewards of the firm.

On that basis, the tribunal found that the claimant was a partner in a partnership, not an employee or worker. Her claims for unfair dismissal, a statutory redundancy payment and a claim under Regulation 5 of the Part Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 therefore failed for want of jurisdiction and were dismissed. The tribunal recorded that the case would then proceed to a merits hearing on the claims that remained outstanding, and no monetary award was made at this hearing.