The pay structure, rights and obligations of partners and LLP members differ to those of employees.

Partners and some LLP members will be fiduciaries, meaning that they owe greater obligations of loyalty to the business than employees do to their employers. This changes the landscape when advising in relation to disciplinary and performance matters. We understand this and regularly advise partnerships and LLPs, including those in regulated sectors, on issues at this senior level, including in relation to exit arrangements and disputes.

Post-termination restraints against partners or LLP members may be more likely to be enforceable than against employees and this is a common battle ground for departing individuals at this senior level.