Law firm managers face difficult choices as they evaluate the performance of business streams over the course of the lockdown, review the composition of the partnership body and plan for the future. Inevitably underperforming partners will be targeted for compulsory retirement.

Management should ensure that the individual they are dealing with is not in truth an employee with enhanced employment rights. This requires an examination of the facts informing the partner's status. In particular, the status of fixed share partners paid a guaranteed fixed sum tantamount to a salary and who don't participate in management, should be closely examined.