Adam Pennington

Solicitor

Adam joined Stephensons in 2010 and successfully secured a training contract in 2013. Adam qualified in 2015 and now works in the employment team advising claimants in relation to the following:

  • Bringing and defending a wide range of claims for unfair dismissal, including claims relating to redundancy, alleged gross misconduct, “whistle-blowing” and raising health and safety concerns;
  • Assisting employees who have not been paid the correct wages or who have had money taken out of their pay without their agreement;
  • Providing guidance to employees undergoing disciplinary and grievance procedures;
  • Advising employees and workers who have been unfairly treated, discriminated against or harassed in the workplace; and
  • Assisting employees when the identity of their employer has been transferred (known as “TUPE” transfers).

Adam also advises extensively on settlement agreements and provides ongoing HR advice through the firm’s HR Assist and Workplace Plus packages.

He regularly assists clients funded through a legal expenses policy, carrying out assessments of the prospects.

Cases of interest

1. Adam is assisting a client in proceedings before the employment appeal tribunal. He issued claims on behalf of our client for unfair dismissal, failure to inform and consult under TUPE and an unlawful deduction to his wages in the employment tribunal. Our client’s claims were successful, however one of the respondent’s to that action has now lodged an appeal with the EAT.

Adam drafted a detailed response to the grounds of appeal on behalf of our client which has now been submitted to the EAT and we are currently complying with the case directions which have been issued ahead of the final hearing.

2. Adam was instructed by a company which was considering selling its business as a going concern, however our client’s contracts of employment and staff handbooks had not been reviewed for some time and were out of date.

He attended our client’s premises and attended a three hour consultation meeting to discuss the contracts and processes which the company had in place at that time with a view to updating all necessary documentation.

He subsequently reviewed and redrafted our client’s contracts of employment to ensure they complied with current legislation and to provide general advice on process and procedure in the event that redundancies become necessary.

Having reviewed the contracts we had prepared, our client wished to offer certain employees enhanced rights on certain benefits such as sick pay and bonus. Adam reminded our client of the potential impact this could have on the sale of the business itself as the proposed enhancements could discourage a prospective purchaser when carrying out its due diligence as the contracts of employment would of course be reviewed as part of that process, which our client had not considered and therefore the instructions were changed accordingly.

3. Adam is currently assisting four clients, all of whom provide care to a severely disabled gentleman. On occasions, our clients are required to ‘sleep in’ at their employers premises for which they have received a fixed fee of £30 over the course of their employment (ranging from three years to six years).

He advised our clients that their ‘sleep ins’ are likely to be classed as working time as they were required to tend to their employer during the night if and when required. As such, our client’s were entitled to be paid at least the national minimum or living wage at the salient time. It became apparent that the fixed fee of £30 which our client’s had been receiving fell short of the national minimum wage and therefore our clients were entitled to recover the shortfall. Adam advised our client’s that in light of the fact that they remain in employment, a claim for breach of contract could not be pursued in the employment tribunal. We have therefore advised our clients it would be in their best interests to pursue a breach of contract claim in the County Court and have now submitted a letter before action to their employer.