In Wilsons Solicitors LLP v Roberts the Court of Appeal has confirmed that, in principle, an LLP member could claim compensation resulting from his exit from the LLP if he could establish that he was subjected to such serious detriments for whistleblowing as to make his position as an LLP member untenable and to prevent him attending work with the result that he was lawfully expelled from the partnership. The principle of constructive dismissal does not extend to LLP members according to the High Court's 2015 decision in Flanagan and so the claimant's attempt to resign in response to the alleged repudiatory breach by the other members was ineffective. He was therefore seeking termination-related compensation via his whistleblowing detriment claim.
The Court of Appeal is set to consider the issue further in International Petroleum v Osipov (where the EAT ruled that a CEO could recover compensation for dismissal-related loss in a detriment claim against two Non-Executive Directors who had brought about his dismissal for whistleblowing). The Osipov decision has now been appealed to the Court of Appeal, whose decision may provide further guidance on the distinction between detriment and dismissal claims and the compensation available to employees in both.