Discrimination claims brought by members of UK limited-liability partnerships can proceed against individual respondents who live and work abroad, the Employment Appeal Tribunal (EAT) has ruled in Prahl, Hofvenstam & Ågeback v Lapinski [2025] EAT 77.
What the EAT decided
Three Swedish-domiciled partners (“the Swedish respondents”) argued that an English tribunal had no international jurisdiction because they had never lived or been served in the UK.
Judge Auerbach dismissed the appeal, upholding the Employment Tribunal’s finding that service by post to the Stockholm business address supplied on the ET1 satisfied Rule 91 of the 2013 Tribunal Rules; no special permission to serve out was required.
The judge held that, post-Brexit, the Brussels Recast Regulation has been replaced by sections 15A-15E of the Civil Jurisdiction and Judgments Act 1982. Section 15C preserves employees’ (and, by analogy, LLP members’) right to sue a non-UK-domiciled employer—or its agents—in Britain where the work is habitually carried out here.
Because the claimant had been based in London and the alleged acts all occurred in the UK, England was the forum with the closest connection.
Why it matters
LLP members are protected: Following Clyde & Co v van Winkelhof and section 45 Equality Act 2010, the EAT confirmed that partners can sue both the LLP and individual colleagues for discrimination.
Service is straightforward: The Tribunal need only send the claim to the overseas address stated on the form. The Civil Procedure Rules and “permission to serve out” gateways do not apply. assets.publishing.service.gov.uk
Post-Brexit continuity: The new CJJA framework gives UK-based workers roughly the same protection they had under Brussels Recast, preventing foreign-domiciled defendants from defeating claims on technical grounds. assets.publishing.service.gov.ukgowlingwlg.com
Practical take-aways for LLPs and global partnerships
Check addresses early – if an individual respondent is abroad, make sure the ET1 lists a reliable business or home address so service cannot later be challenged.
Expect joint liability claims – partners and senior managers can be sued personally alongside the firm; indemnity wording in LLP agreements should be reviewed.
Watch the territorial reach – even though partners are not “employees” for most purposes, tribunals will treat their membership agreements as “employment contracts” when applying section 15C.
Comment
Employment barristers at 42 BR call the decision “a liberal, worker-friendly approach to international jurisdiction,” warning that overseas partners can no longer assume immunity from UK proceedings. 42br.com
With discrimination awards uncapped, global professional services firms are being urged to audit their partnership deeds and ensure that complaints procedures—and insurance—cover individuals wherever they are based.
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