Sami Rahman

At the core of my practice and always has been. I act for employers and employees.  I am regularly instructed by a broad range of clients including local authorities, non departmental public bodies, City and large regional solicitors firms as well as by the HR and legal departments of a number of high profile national and international companies.  My practice takes me to Employment Tribunals covering England and Wales (occasionally Scotland), the Employment Appeal Tribunal, the High Court and the Court of Appeal. I  have considerable experience in:

Representing Claimants and Respondents in high profile and complex discrimination claims with successes in disability, race, sex and religious discrimination cases and large value whistleblowing and breach of contract claims as well as the more standard unfair dismissal claims.

I am also experienced in dealing with claims in which discrimination is raised in other areas of law outside employment.

Non-contentious employment matters:

Advising on complex reorganisations, redundancy processes, discrimination issues, TUPE, freedom of information, data protection, the working time, holiday and national minimum wage provisions, restrictive covenants, the use of confidential information and springboard claims, drafting a wide range of employment policies and procedures and employment contract and relating in respect of grievances and dismissals.

My work

Employment:

Please Note:  In respect of the names of cases referred in this section, in some instances the names have been changed either on the basis that the case is ongoing, subject to confidentiality arising out of a settlement or that I have not been able to obtain consent from the client, which I would try and obtain as a matter of courtesy before making references to their case.

 

D v London Borough [2018] 1week direct race at East London ET, discrimination and victimisation claim. The victimisation claim succeeded

S v London Underground [2018]. Multiday Unfair discrimination and Direct Discrimination claim.

United First Partners Research v. Carreras [2018] EWCA Civ 323 March 2018.  Court of Appeal upheld EAT judgement.

Okedina v Chikale UKEAT/0152/17/RN; UKEAT/0153/17/R 2017, successfully obtained permission to appeal in this case. On the basis of illegality.

A v Limited [2016/2017] Manchester Employment Tribunal, Multiday unfair dismissal and wages act claim against small employer. Credability at issue. Succeding in persuading the tribunal that Claimant was not credible and that there was no dismissal or wages due as they had been paid

A v NHS trust [2016] 2 week whistle blowing claim at Croydon Employment Tribunal

T v A MAJOR UK CAR MANAUFACTUER AND OTHERS [2016]Birmingham Employment Tribunal.  Preliminary hearing on Prospects of success and whether the Claimant was genuinely self-employed or a worker and the right Respondent.

Carreras v United First Partners Research (Unfair Dismissal: Constructive dismissal) [2016] UKEAT (07 April 2016) [2016] UKEAT. Case concerning meaning of PCP in a disability discrimination claim and whether a request from an employer can amount to a PCP and the approach taken to what individual acts can be relied on in a constructive dismissal case.

G v D Limited [2016] - Multiday disability discrimination claim at East London Employment Tribunal (sitting in Chelmsford County Court). The issue was the Respondent’s need to change the claimant’s duties because of economic necessity, redundancy and reasonable adjustments.

Taiwo & Anor v Olaigbe & Ors [2016] UKSC 31 (22 June 2016) Supreme Court
[2016] 1 WLR 2653, [2016] ICR 756, [2016] IRLR 719, [2016] UKSC 31, [2016] WLR 2653, [2016] WLR (D) 319; From United Kingdom Supreme Court; 48 KB).  Succeeded at the Supreme Court. Case concerning whether migrant workers were a separate, group under the Equality Act and whether an indirect discrimination claim could succeed in the event that it was not.

F v R [2016] East London ET – Wages and Holiday Pay claim.

R v H House [2015] – Central London Employment Tribunal – Preliminary hearing on prospects of success in respect of a discrimination claim and who the correct respondent was.

General Municipal and Boilermakers Union v Henderson (Unfair Dismissal) [2015] UKEAT (13 March 2015)  ([2015] IRLR 451, [2015] UKEAT; From United Kingdom Employment Appeal Tribunal; 145 KB) Concerning religion and belief in this case the belief that trade unions should be democratic. This case went to the court of appeal on the basis that there had been an unlawful substitution by the Employment Appeal Tribunal in 2017, but the appeal was not effective. 

W v Local Authority (2014): Unfair dismissal claim arising out an employees conduct in failing to follow the Respondents contracting procedure.

N v Local Authority (2014): Unfair dismissal claim against a local authority; arising of a dismissal on the basis of conduct that destroyed trust and confidence.

Dr M v 2 NHS Trusts (2014):  Claim of indirect discrimination and unfair dismissal. C was a Uk national originally from Iraq who had obtained the bulk of his qualifications in Poland. He applied for a post that required him to have the MRCP or MRCP equivalence (commonwealth or EEA). He was dismissed for not having the MRCP or equivalent and his EEA qualifications were not considered.

R v NHS Trust (2014): Claim for detriment and constructive dismissal arising out an allegation that the Claimant had competed for a contract with the Trust, the issue bing whether the Trust knew or could had constructive knowledge that the Claimant had only bid for the contract when the Trust had lost the bid and didn’t which to pursue it. There was also an abortive criminal trial.

Fazal v Thames Utilities Ltd (2013).  Court of Appeal.  Permission from the decision of HHJ McMullen QC, LJ Underhill concerning appeal time limits (pro bono).

Buzoli v Food Partners Limited UKEATPA/1325/11/CEA.  An appeal concerning the status and interpretation of the ACAS code relating to disciplinary and grievance procedures.

Rogers v Department for Business, Innovation and Skills UKEAT/0251/12/SM.  A successful appeal to EAT, concerning a review of a strikeout on merits and an unless order.

Chikwe v Mouchel Group Plc & Anor UKEAT/0633/11/CEA Continuing act of discrimination.

Bishun v Hertfordshire Probation Service (HPT) UKEAT/0123/11/DA (2012); Reasonable adjustment and the employee's duty to cooperate with their implementation.

Orion Locums v Shulton & Others [2009] HQ09X01313 High Court claim in respect of employee's use of former employer's confidential information and breaching restrictive covenants.

Potter v Staffordshire Sentinel Newspapers Ltd [2004] All ER (D) 131 (May) Right to substitute and definition of employee.

Gray and another v. Canada Life [2004] All ER (D) 36 (Jan) EAT Employment Rights Act s23 Working Time Regulations 1998 SI 1998/1833 List v Douglas [2002] ICR 686 ALL ER (D) 215; Kigass v. Brown [2002] ICR 697 All ER (D) 341 (Feb), Sami was instructed at first instance.

Lewis v Blue Arrow Care Services Ltd [1999] ICR part 7-EAT Amending a claim of discrimination.

S v a Local Authority (2010) National Minimum Wage Act provisions care worker who as part of his role is required to sleep on the premises.  Cases cited were Smith v Oxfordshire NHS Trust UKEAT/0176/09/CEA and MacCartney v Oversley House Management [2006] IRLR 514.

A v a Local Authority & A Union (2010)* This was a Hogg v Dover [1990] ICR 39 EAT type claim.

Z v a Non Departmental Public Body Court of Appeal (2010) Sami was instructed on behalf of 16 Respondents in this appeal brought by a former employee from the decision of the EAT to dismiss her appeal.  Lord Justice Elias dismissed the appeal.

C v a Non Departmental Public Body (2009). Strike out of discrimination claims as had no reasonable prospects of success and no substantial connection with the former employment per Rhys-Harper v Relaxion Group plc [2003] ICR 867.  There were two appeals to the Employment Appeal Tribunal and one appeal to the High Court against.

H v a Primary Care Trust (2008). I was instructed on behalf of the Claimant.  This was one of four claims against various NHS Trusts and PCTs.  Claims relating to disability discrimination arising out of recruitment and CRB disclosure.  Murray v Newham Citizens Advice Bureau [2003] IRLR 340.

Ahmed v Montana Bakeries (2008). Heard at Reading Employment Tribunal. Sami was instructed on behalf of the Clamant and the claims were of unfair dismissal (s98 (4)) ERA and automatically unfair dismissal arising out of a health and safety issue (s100 (1)(e)).

What my clients say

"I have instructed Sami on many employment tribunal cases over the years and would not hesitate in recommending him. Sami adopts a practical and balanced approach, putting clients at ease during stressful litigation."

Fiona Haworth (Senior HR Consultant) at Practical HR Ltd

‘Presented with a complex claim with procedural failings, Sami’s advice was incisive, to the point, and provided the platform for an early, cost-effective settlement.’

 

 

Michael

Michael Foster Law

 

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