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

4.76 Average

124 Reviews

Brittany

I was very grateful for Redmans to treat my case with respect and discretion. At the time, I was very new to London and it was meaningful to have someone on my side and win the case for me. Without any doubt, I would definitely recommend Redmans Solicitors to anyone who is in need of it.

Posted 4 months ago

Jake L

Chris is very professional and calm. Very attentive and patient, been a positive experience having Chris represent me, and would recommend him.

Posted 6 months ago

Anonymous

Excellent service. It was a pleasure to work with Chris H, who is brilliant at what he does and very efficient. Their Senior Associate Rana T. is also very knowledgeable and resolves any queries speedily and efficiently. My issue could unfortunately not be resolved, but that was due to my employer and not the firm. Redmans however did all they could. I would definitely recommend them.

Posted 6 months ago

Anonymous

Very pleasant and quick to deal with. Mnay thanks.

Posted 6 months ago

Anonymous

Easy to get hold of. Quick.

Posted 6 months ago

Owen J

Very helpful, efficient service.

Posted 6 months ago

Anonymous

I am very lucky that I worked with Mr. Chris Hadrill and he managed my case very progressively with an analytical approach and trustfully. Of course with a very positive result. I strongly recommend Mr. Hadrill to any one seeking for a successful result from a highly qualified solicitor.

Posted 6 months ago

Kulbir S

Amazing, quick friendly service from Chris from the start and Caroline. They made me feel at ease during a difficult time, they understood and advised accordingly and I am really happy with the outcome of my case. Will always advise anyone who needs legal advice to contact Redmans, I’m so glad that I did and can confidently say I don’t think any other firm could have handled my case any better. Well done guys, wish you all the best and please keep doing what your doing, simply the best!

Posted 7 months ago

Mark A

Excellent service - rapid and “to the point” advice given to ensure meeting the target time frame

Posted 7 months ago

Anonymous

Chris Hadrill kept me sane during the negotiations with my employer. He was courteous professional and he cared about doing the best he could for me. I will use Redmans again if ever I need an employment solicitor. Excellent service.

Posted 7 months ago

Muhammad Z

Awesome services. Professionals at their best .

Posted 7 months ago

Anonymous

Thanks for the advice and for negotiating a good outcome. Good to have the support at a very stressful time

Posted 7 months ago

Chloe F

My solicitor at Redmans was very helpful and efficient. Really pleased with the smooth service.

Posted 7 months ago

Anonymous

Chris was absolutely excellent. Clear and concise, offering sound advice.

Posted 7 months ago

Tim O

Experienced and competent advisors

Posted 7 months ago

Rachel A

Quick and expert assistance. I would highly recommend Chris for any of your legal needs.

Posted 7 months ago

Joe S

I was very happy with the service provided by Chris and the team at Redmans Solicitors. I felt very comfortable discussing all matters with Chris and am very grateful for all the help and guidance I was given throughout the whole process. I would definitely recommend Redmans Solicitors to friends and family!

Posted 7 months ago

Anonymous

I had a very good experience working with Chris Hadrill during a difficult and emotional time. This held true from the moment I spoke to him on the phone, to the end of the process. Overall, he was attentive, professional and highly supportive. He provided sound advice and clarity. It was the reviews that led me to Redmans! I was very happy to know they were all true. I highly recommend working with Redmans Solicitors. Thank-you to the entire team!

Posted 7 months ago

Anonymous

Good service

Posted 7 months ago

Anonymous

Excellent professional service. Highly recommend.

Posted 7 months ago

Rob O

Very prompt response and I could not fault the service. My solicitor listened carefully to the details of my case and I felt very confident in the advice I was offered. All emails and work done on my behalf with my former employer was of the highest standard and Redmans helped take a lot of the stress out of the situation for me.

Posted 7 months ago