Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

MoJThe co-founder of a liquidated Tyneside web development company has won his legal claim against his former employer after he was dismissed from his job in March 2014.

Mr Tony Olanipekun, 40, co-founded AYO Media Limited in 2008 and has won his claim for unfair dismissal after he was was told by the chairman of the company in March 2014 that his services were no longer required by the business. He subsequently brought a claim for unfair dismissal against the company in the Newcastle Employment Tribunal.

The case came to the Employment Tribunal last year, in a case chaired by Employment Judge Garnon. AYO Digital defended the claim on the basis that Mr Olanipekun had ceased to be an employee prior to his dismissal and that he was therefore not entitled to bring a claim for unfair dismissal. AYO Digital’s representative pointed to the fact that Mr Olanipekun had moved away from the day-to-day running of AYO’s business to work on the development of a spin-off company, Columbus CPD Ltd, and that Mr Olanipekun had been submitting invoices AYO Digital to present the image that he was a consultant rather than an employee. However, he remained on AYO’s payroll during this period and Mr Olanipekun claimed that the true situation was that he in fact remained an employee of AYO during the relevant periods.

Employment Judge Garnon gave his judgment in the case earlier this year, finding that Mr Olanipekun’s was in fact an employee of AYO Digital at the time that he was dismissed and that his claim for unfair dismissal was therefore “well founded”. Mr Olanipekun was awarded £17,668.18 in compensation for loss of earnings.

Mr Olanipekun, speaking to The Journal after the judgment was given, stated: “It was very weird for me to be removed from this business which I had put so much into helping to build. Me and the co-founders were responsible for growing the firm to employ 30 people. Suddenly this business that I had grown was closed to me.”

It is not currently clear whether AYO Digital will pay for the whole or part of the Employment Tribunal award as the company went into liquidation earlier this year. Mr Olanipekun would therefore rank as a creditor against the company

Chris Hadrill, an employment solicitor at Redmans, commented on the case: “Businesses must take procedurally fair steps to dismiss employees and should make decisions to dismiss that are themselves reasonable and based on fair and reasonable investigations. If businesses fail to take these steps then they expose themselves to the risk of potentially expensive, time-consuming, and embarrassing Employment Tribunal claims.”

 

About

Redmans Employment Team deal with employment matters for both employers and employees, including drafting employment contracts and policies, advising employers and employees on compromise agreements, handling day-to-day HR issues, advising on restructures, and handling Employment Tribunal cases for both employers and employees Call 020 3397 3603 to speak to one of the members of our employment team or email us on enquiries@redmans.co.uk. Redmans have offices in Richmond, Chiswick, Hammersmith, Fulham, Kingston, Wimbledon, Ealing, Kings Cross and Marylebone (meetings strictly by appointment only).

Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

Share →

Our awards

Request a callback

Your name

Your email

Your telephone number

Contact us

Please feel free to discuss your own position and concerns. Contact your nearest office on:

T: 020 3397 3603
E: enquiries@redmans.co.uk
W: www.redmans.co.uk

Testimonials

4.67 Average

66 Reviews

Anonymous

As with All solicitors advice without consequence but understood and communicated my legal position

Posted 6 days ago

Anonymous

Prompt, professional and excellent service.

Posted 1 week ago

Dominic C

Excellent service, prompt and helpful

Posted 1 week ago

Anonymous

I found Redman’s to be very efficient and got me the best deal available in the short time scale that was available.

Posted 2 weeks ago

Victor L

Very professional. Provided excellent advice on my Settlement agreement.

Posted 2 weeks ago

Anonymous

Professional from start to finish.

Posted 2 weeks ago

Oliver W

Excellent service provided by Redmans, will certainly consider using again.

Posted 2 weeks ago

Melanie H

Very professional and extremely personable service. Thank you very much.

Posted 4 weeks ago

Anonymous

I found Chris to be very approachable and easy to speak with about complex matters. He took action quickly and his updates to me, as his client, were prompt. I would recommend Chris and the team at Redmans without hesitation.

Posted 4 weeks ago

Anonymous

Good advice

Posted 4 weeks ago

Anonymous

Overall happy with the service provided by Chris and Rana.

Posted 4 weeks ago

Anonymous

Chris and Rana provide a great service, very informed, diligent and care about your result, would recommend Redmans

Posted 4 weeks ago

David W

A speedy efficient friendly service, I would definitely recommend Redmans Solicitors for processing Settlement Agreements.

Posted 4 weeks ago

Anonymous

Both Rana and Chris were fantastic. From the first phone call I was confident my matter was in good hands. I was not disappointed. I would highly recommend Redmans. Thank you again for all of your support and advice.

Posted 1 month ago

Federico S

Great advices and communication. Through Redmana I obtained match more than what I thought. Highly recommended

Posted 1 month ago

Tom G

A good and efficient service with the required legal advice provided for a settlement agreement.

Posted 1 month ago

Francis T

The solicitor I used was Chris Hadrill, who I found extremely professional and I felt that he made me feel at ease, considering the subject matter he was assisting me with.

Posted 1 month ago

Anonymous

Chris provided excellent assistance with the negotiation of my settlement agreement. From start to finish, I was consitently updated and advised on the best course of action to take. I would highly recommend Chris and Redmans Solicitors.

Posted 1 month ago

Anonymous

They are busy people but manage well so generally I would recommend them.

Posted 1 month ago

Anonymous

Very efficient and professional service from my first phone call making an enquiry. Timescales of the matter in hand were met and within the agreed budget. Would highly recommend Redmans

Posted 1 month ago

Lisa B

Really very good service, always available to answer questions, provide my with any information I needed to make informed decisions.

Posted 1 month ago