Ex-Clyde & Co whistleblower partner joins low-cost airline as GC
The former Clyde & Co partner who claims she was wrongfully dismissed by the firm after she blew the whistle on a colleague, has joined low-budget African airline Fastjet as its general counsel.
June 02, 2014 at 10:11 AM
3 minute read
The former Clyde & Co partner who claims she was wrongfully dismissed by the firm after she blew the whistle on a colleague, has joined low-budget African airline Fastjet as its general counsel.
Krista Bates van Winkelhof, an English-qualified solicitor specialising in corporate law, trained at Simmons & Simmons and has practiced with Linklaters and most recently Kenyan firm Anjarwalla & Khanna.
At Anjarwalla, she was one of the lead advisers on the formation of AIM-listed Fastjet, a pan-African low-budget airline, which began flying from its Tanzania base in November 2012.
It was at Clydes, where she worked in both the firm's London and Tanzania offices, where Bates van Winkelhof internally reported the managing partner of its Tanzanian associate firm for alleged bribery.
She was later dismissed by Clydes, but at a 2011 Employment Tribunal she alleged the firm had fired her for whistleblowing, and because she was pregnant.
Clydes initially argued that, as a member of the firm's limited liability partnership (LLP), she was not entitled to the same level of whistleblower protection as employees, and so could not include reference to the whistleblowing in her employment tribunal.
Last month, the UK Supreme Court determined that LLP members have the same protection as employees in whistleblowing cases, and should be classed as 'workers' under the Employment Rights Act.
The decision paves the way for Bates van Winkelhof's case to be fully heard at an Employment Tribunal in September 2014.
Clydes denies her allegations, stating last month: "We contend the process of her removal from the partnership was set in place before her pregnancy was known, and before her disclosures.
"Her refusal throughout to follow the dispute resolution mechanism available within the partnership agreement remains a disappointment."
In light of the judgement, a number of employment lawyers have suggested law firms and LLPs may need to re-think their partnership agreements and structures.
Commenting on Bates van Winkelhof's recent move, Fastjet chief executive and interim chairman Ed Winter said: "Her appointment deepens Fastjet's legal and strategic capabilities across Africa and the UK as we expand our operations and continue to develop strategies against Africa's complex legal and political background.
"Having Krista as a part of the team will be a huge advantage, given her wealth of experience and knowledge gained in both England and Africa."
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