Ilinca Mardarescu

Director, Head Employment & Human Resources

imardarescu@astonbond.co.uk

Bio

Experience

Ilinca qualified as a solicitor in 2002 and has specialised in employment law throughout the majority of her career. She advises both employers and employees across a broad range of employment matters, including unfair, wrongful and constructive dismissal, discrimination, TUPE, restrictive covenants, contractual disputes and health and safety issues.

Her experience also includes drafting employment contracts, staff handbooks, workplace policies and settlement agreements. Ilinca regularly represents clients in Employment Tribunal proceedings, having undertaken advocacy at interim and full hearings across the country. She has also acted in the High Court in relation to the enforcement of restrictive covenants and obtained injunctions on behalf of clients.

In addition to her legal practice, Ilinca has provided practical HR support to businesses, including assisting with disciplinary and grievance matters, sickness and absence management, and the employment aspects of mergers and acquisitions. She is a member of the Employment Lawyers Association.

Achievements

Throughout her career, Ilinca has developed extensive experience in both contentious and non-contentious employment law, working closely with businesses and individuals to provide practical and commercially focused advice.

Her experience of Employment Tribunal advocacy, High Court proceedings and obtaining injunctions demonstrates her ability to handle complex and challenging employment disputes. She also brings valuable practical HR experience, allowing her to understand not only the legal position but also the wider commercial and workplace considerations affecting her clients.

Outside the Office

Outside of work, Ilinca is a busy mum to twin boys who keep her on her toes! She enjoys making the most of her free time with family and friends and particularly likes outdoor activities such as paddleboarding. She also enjoys going to the theatre, attending concerts and socialising with friends.

‘The Aston Bond team work collaboratively with each other so there will always be more than one person who knows the case inside out. They are very responsive to clients, quick to move, and work seamlessly’

Notable Cases

Acted for employers in successfully enforcing the restrictive covenants within their contracts of employment against former-employees. Obtained injunction and ultimately an award and costs.

Successfully represented a firm of designers who won a major contract on the strength of their designs and artwork. The employees of the firm which had lost the contract claimed that TUPE applied and they should therefore transfer to the new firm. The Tribunal found that the contract was won on the flair and artistic ability of the designers that had won the contract. To transfer across the designers from the old firm would be commercially unfair to the client. The reason the new contract had been awarded to the new company in the first place was precisely to be able to engage new designers and the client must be free commercially to choose who it does business with.

Successfully acted for a collective of employees in a ‘class action’ against their employer. Where it had been custom and practice to award an enhanced redundancy policy in the past, despite there being nothing in writing, the employees were able to successfully claim this had become a contractual term.

Acted for a number of start-ups and SME’s in advising and drafting of new contracts and policies to be put into place.

Worked on an in-house basis for large-scale employers enabling the HR department to have on-site assistance on a regular basis.

Advised nurseries and schools on Ofsted regulatory matters and dealing with matters revolving around safeguarding issues and employees.

Assisted in acquisitions advising specifically on all TUPE requirements and regulations.

Negotiated high-end executive/professional departures and securing substantial exit packages within complex and multi-faceted settlement agreements for clients.