Tom Emslie-Smith

Employment

Tom has a keen interest in employment law. With a core focus on unfair dismissal and discrimination, he advises and appears before the Employment Tribunal in disputes involving:

• Constructive dismissal
• Redundancy
• TUPE
• Unlawful deduction of wages
• Overnight workers and national minimum wage
• Psychiatric harm

Examples of Tom’s recent cases include:

• A reasonable adjustments case concerning a performance management process drawn out over several years due to the Claimant’s medical condition that arose from the requirements of the job;
• A race discrimination and whistleblowing claim involving protected disclosures about the management of public funds;
• A constructive dismissal case following a refusal to allow time off for jury service;
• A Covid-related unfair dismissal at a perfume store (receiving press-coverage)
• A claim by “sleep-in” overnight workers under national minimum wage legislation complicated by a TUPE transfer.

Tom is willing to take instructions for both claimants and respondents in interim and final hearings.

Tom’s experience with disciplinary investigations, in both the employment and professional regulation contexts, give him an ideal skill set to conduct internal disciplinary investigations. He is able to conduct a thorough investigation in a manner that is sensitive and procedurally fair.