Employment

Practice Area Specialist:

Tony Silvestro

Tony Silvestro has more than 20 years experience of commercial litigation and is Managing Partner and Head of the firm’s dispute resolution team.  

Tony is capable of resolving all kinds of disputes in a quick and cost effective way and to help you make sense of complex problems.  Tony has experience of commercial disputes, contentious trust and probate matters, intellectual property issues, insolvency, asset/debt recovery and more with a niche practice in copyright and Trade Mark infringement.

Stillwells’ advises on a wide range of employment issues ranging from employment contracts through to dismissal and everything in between.

Our highly experienced solicitors are able to support and provide advice to lawyers across the whole breadth of employment law including TUPE, staff policies, disciplinary procedures and advising on claims relating to discrimination and whistleblowing.

By choosing Stillwells, you benefit from a high quality service dealing directly with our senior solicitors who will keep you updated throughout your case.

Contact us for an initial no-obligation consultation by calling 023 8072 7168 or using the form below.

Frequently Asked Questions – TUPE

What is a TUPE Transfer?
This is where either part or all of an organisation’s process and staff are transferred over to a new employer.
What happens to my terms and conditions?
Under TUPE regulations you will maintain the terms and conditions you currently have unless the terms and conditions of the new employer are more favourable, in which case you can elect to be employed under their terms and conditions.
Can I be dismissed because of the Transfer?
No, you cannot be dismissed as you are protected under TUPE Transfer rules. Any dismissal that is connected to the transfer would be automatically treated as “unfair”.
Can I be made redundant because of the Transfer?
Yes you can be made redundant and new changes to TUPE law have made it possible for you to be made redundant before the handover, i.e. the new organisation can decide it doesn’t need all of the staff from the existing organisation and redundancy consultation will then take place with the existing organisation. For this not to be unfair there needs to be “an economic, technical or organisation reason entailing changes in the workforce”.
What happens if I don’t want to Transfer to the new Employer?
If you do not want to transfer you can request redeployment (depending on the size of the organisation) or to be considered for redundancy if available. The only other alternative is to resign.
What happens to my personal file?
This folder will be transferred across with you to your new employer. It is advisable therefore, to ask to see your personal file to ensure that there is no information retained that is spent. This information has to be provided to the new employer 28 days before the transfer.

Frequently Asked Questions – Managing Dismissals

Can you dismiss an employee fairly for absence relating to an injury or illness which occurred at work or because of work?
Yes so long as the correct procedure is followed and the employee has been consulted. It will be treated the same as any other illness or injury and so the procedure used will be the same. It is irrelevant that the illness or injury occurred due to work although where this is the case there is some expectation by tribunals on employers that they should go above and beyond what they would normally do where they have been a contributory factor or have caused the illness or injury. This could involve more stringent efforts to try and accommodate the employee elsewhere within the company or allowing the employee to take a longer period of sickness before dismissing him or her or allowing the full benefit of any contractual sick pay. In this scenario consideration should also be given to the risk of a claim for personal injury and/or claim under health and safety legislation.
How do you ensure that a dismissal for poor performance is less likely to be unfair and give rise to a claim for unfair dismissal?
Best practice is to ensure that the following elements are present:

  • A proper investigation into the performance problem has been undertaken.
  • The employee has been made aware of the performance issue and given reasonable opportunity to improve.
  • You have fully considered what support and training if any the employee may need.
  • The employee’s progress is reviewed.
  • Any decision to dismiss the employee affords a right of appeal.
Can probationary periods be used for existing employees in addition to new recruits?
Yes, they can also be applied for employees promoted to a new role so long as this procedure has been clearly communicated to them and employees are aware that they will be under review and must satisfy the suitability requirements for the role before the contract is affirmed.
Why have appraisals?
Yes, they can also be applied for employees promoted to a new role so long as this procedure has been clearly communicated to them and employees are aware that they will be under review and must satisfy the suitability requirements for the role before the contract is affirmed.