“He's really thoughtful and really meticulous.”
Chambers UK Bar, 2021
“He's brilliantly methodical, organised and incredibly responsive.”
Chambers UK Bar, 2021
Navid Pourghazi specialises in employment and discrimination law. He regularly acts for both claimants and respondents. Although only called in 2015 he has already been instructed in significant cases before the EAT, Court of Appeal and CJEU. His experience includes multi-day discrimination and whistleblowing claims, sexual harassment claims, employment status cases, restrictive covenant cases, and high-value bonus claims. Recent work includes Efobi v Royal Mail Group Ltd and high-profile equal pay claims against the BBC.
His expertise spans commercial, civil liberties & human rights, professional discipline and sports law. He is a member of the Equality & Human Rights Commission’s Panel of Counsel, and is ranked as a highly-rated practitioner in Chambers UK Bar Guide 2021.
Before coming to the Bar, Navid worked in several different fields, including as a Graduate Tutor of Moral Philosophy at Oxford University. He worked on International Public Law matters as a Consultant to the United Nations, and assisted an FCO-funded delegation of senior British lawyers investigating the treatment of children in military court systems.
Navid is recommended in the Chambers UK Bar Guide 2021 as a highly rated employment practitioner.
Navid has extensive experience across a wide range of employment matters, acting for both senior employees and large employers / commercial organisations. He has been instructed in multi-day whistleblowing claims, employment status cases, restrictive covenant cases, and high-value bonus claims. Navid also has a growing practice in information and data protection law, and in cases involving educational institutions where there may be safeguarding issues or an overlap with professional regulatory issues.
Navid has recently acted as junior counsel in High Court proceedings in a claim concerning share options and bonuses worth approximately half a million pounds, as junior counsel in a whistleblowing claim brought against a global bank which settled for over half a million pounds, and as sole counsel on behalf of over 20 claimants bringing breach of contract claims against a major high street retailer.
Navid has also recently advised and acted in cases raising a range of employment, discrimination and civil liberties issues arising out of the Covid-19 pandemic.
For details of sub-areas of work within employment law, see the sections titled “Discrimination”, “Whistleblowing”, and “Employee Competition” below.
“He's really thoughtful and really meticulous.”
Chambers UK Bar, 2021
“He's brilliantly methodical, organised and incredibly responsive.”
Chambers UK Bar, 2021
Acting as sole counsel for a claimant head teacher bringing an unfair dismissal claim arising out of the head teacher’s decision to employ someone who had been the subject of a prohibition order by the Teaching Regulation Agency
Acting as sole counsel for a claimant head teacher bringing an unfair dismissal claim arising out of the head teacher’s decision to employ someone who had been the subject of a prohibition order by the Teaching Regulation Agency
Representing a senior Professor at one of the UK's foremost universities in an internal appeal against a finding of harassment against three former students.
Acting as sole counsel for a former head teacher in relation to whom a referral was made to the Teaching Regulation Agency concerning comments he posted on an internet chat room about paedophilia.
Acting for Yodel as junior to Jason Galbraith-Marten QC. The matter was sent by Watford ET under the Preliminary Reference Procedure to the CJEU, leading to a Reply by Reasoned Order concerning the meaning of ‘worker’ under the Working Time Directive in the context of the ‘gig economy’. A link to the CJEU’s Reply by Reasoned order can be found here.
Acting as sole counsel for a luxury travel services company defending a series of claims of detriment and automatic unfair dismissal arising out of alleged health and safety concerns in respect of the Covid-19 pandemic and the alleged risk to the claimant and others of travelling to work.
Acting as sole counsel for a multi-national consumer technology company defending direct and indirect age discrimination claims and an unfair dismissal claim arising out of a redundancy process following the Covid-19 pandemic.
Acting as sole counsel for a multi-national consumer technology company defending direct and indirect age discrimination claims and an unfair dismissal claim arising out of a redundancy process following the Covid-19 pandemic.
Advising a leading NGO as part of a four-person team of counsel on the legal issues arising out of Covid status certification / ‘vaccine passports’ being used by employers to make employment-related decisions and by proprietors of premises to decide who can enter.
Representing a major bank as sole counsel defending numerous allegations of race discrimination in a claim listed over 7-days in the Employment Tribunal.
Acting as sole counsel in a two-day preliminary hearing for a commercial fishery defending a series of employment law claims brought by a groundsman where the preliminary issue concerned the claimant's purported worker / employee status.
Representing the claimant in a claim raising sensitive allegations of sexual harassment, direct sex discrimination and victimisation.
Representing a claimant insurance company in a claim against 3 former employees and their new employers in which it is alleged that the defendants have been involved in an unlawful solicitation scheme of the claimant's clients, and in both unlawful and lawful means conspiracy.
Acting as sole counsel defending an educational institution and registered charity that provides programmes of study for students with learning difficulties and disabilities against an unfair dismissal claim brought by a former employee who was dismissed following concerns that he posed a transferrable safeguarding risk working with young people and vulnerable adults
Acting as sole counsel defending an educational institution and registered charity that provides programmes of study for students with learning difficulties and disabilities against an unfair dismissal claim brought by a former employee who was dismissed following concerns that he posed a transferrable safeguarding risk working with young people and vulnerable adults
Acting as sole counsel for a former head teacher in relation to whom a referral was made to the Teaching Regulation Agency concerning comments he posted on an internet chat room about paedophilia.
Acting as sole counsel for a luxury travel services company defending a series of claims of detriment and automatic unfair dismissal arising out of alleged health and safety concerns in respect of the Covid-19 pandemic and the alleged risk to the claimant and others of travelling to work.
Advising a leading NGO as part of a four-person team of counsel on the legal issues arising out of Covid status certification / ‘vaccine passports’ being used by employers to make employment-related decisions and by proprietors of premises to decide who can enter.
Representing one of the world's largest sports apparel retailers defending a complex claim of failure to make reasonable adjustments and discrimination arising from disability.
Acting as sole counsel in a two-day preliminary hearing for a commercial fishery defending a series of employment law claims brought by a groundsman where the preliminary issue concerned the claimant's purported worker / employee status.
Acting for the respondent – a multi-national medical technology company – in a hearing before the EAT concerning the appellant’s appeal against the Registrar’s decision not to extend time for lodging a Notice of Appeal.
Advising a nationwide hospitality operator on potential employment / worker status issues arising out of its core business model.
Acting as sole counsel for the respondent in a two-day Employment Tribunal hearing concerning claims of direct discrimination, harassment and constructive unfair dismissal. A link to the judgment can be found here.
Acting as sole counsel for a former employee claiming constructive unfair dismissal against his former employer which was a legal expenses insurer.
Acting as sole counsel for a group of over 20 claimant employees bringing breach of contract claims against their former employer – a major high street retailer – concerning the number of holiday days the claimants were permitted to take each year.
Acting as junior counsel to Caspar Glyn QC for a former CEO of an investment management firm in High Court proceedings. The claim includes allegations of wrongful dismissal, failure to pay bonuses, and breach of a share option agreement.
Acting as sole counsel for a senior lecturer bringing claims of unfair redundancy dismissal against his former university employer.
Acting as sole counsel for a senior lecturer at a world renowned university bringing a claim of unfair dismissal following allegations that the lecturer had discriminated against one of his own students.
Acting as sole counsel for a Welsh local authority in a 4-day Employment Tribunal hearing concerning the alleged unfair dismissal of a refuse lorry driver. A link to the judgment can be found here.
Acting as sole counsel for the governing body of a secondary school in a 1-day Employment Tribunal hearing defending a claim of breach of contract. A link to the judgment can be found here.
Advising an ex-employee in a potential unfair dismissal claim following a dismissal for conduct that allegedly gave rise to safeguarding risks for child choristers.
Acting as sole counsel for a company manufacturing props and scenic embellishments for major high street retailers in a County Court matter concerning alleged wrongful dismissal and failure to pay contractual holiday pay. The claim was struck out on the basis of a one-day hearing which established that the claimant was neither an employee nor a worker and had no contractual holiday pay entitlements.
Advising a senior former employee who worked for a corporate finance and capital markets boutique on (a) whether a term in a settlement agreement that requires his former employer to pay a fixed settlement sum by a certain date, or to pay a higher fixed sum in the event that payment is not made by that date, is an unenforceable penalty clause, and (b) whether breach of that clause amounts to a repudiatory breach which might entitle the former employee to treat themselves as released from further obligations under the agreement, including the waiver of claims relating to unpaid deferred bonuses.
Acting as junior counsel to Rachel Crasnow QC for a senior university lecturer at a leading UK university in internal disciplinary proceedings defending allegations of “immoral, scandalous or disgraceful” behaviour.
Navid has a very busy discrimination practice acting for both claimants and respondents in the fields of work/employment, goods and services, public functions and education. He is often instructed in long and complex hearings, including as sole counsel against senior juniors and QCs. He has a particular interest and expertise in equal pay claims and sensitive claims of sexual harassment. He is a member of the Equality & Human Rights Commission's Panel of Counsel, and has been instructed in high-profile cases, including Royal Mail v Efobi and BBC equal pay litigation. Further information on Navid’s discrimination practice outside the employment/work context can also be found below under the section “Civil Liberties & Human Rights”.
Representing the claimant in a claim raising sensitive allegations of sexual harassment, direct sex discrimination and victimisation.
Acting as sole counsel for claimants in three separate equal pay claims against the BBC, one brought by a very senior television news reporter, another by a Senior Journalist, and another by an employee in a Finance position. The claims are listed for 4-week, 1-week, and 2-week hearings respectively in the Employment Tribunal.
Advising a leading NGO as part of a four-person team of counsel on the legal issues arising out of Covid status certification / ‘vaccine passports’ being used by employers to make employment-related decisions and by proprietors of premises to decide who can enter.
Representing one of the world's largest sports apparel retailers defending a complex claim of failure to make reasonable adjustments and discrimination arising from disability.
Acting as sole counsel for a disabled prisoner claiming failure to make reasonable adjustments in relation to his cell, toilet and shower facilities against the Ministry of Justice.
Acting as sole counsel for a multi-national consumer technology company defending direct and indirect age discrimination claims and an unfair dismissal claim arising out of a redundancy process following the Covid-19 pandemic.
Acting as sole counsel for a multi-national consumer technology company defending direct and indirect age discrimination claims and an unfair dismissal claim arising out of a redundancy process following the Covid-19 pandemic.
Advising a leading NGO as part of a four-person team of counsel on the legal issues arising out of Covid status certification / ‘vaccine passports’ being used by employers to make employment-related decisions and by proprietors of premises to decide who can enter.
Advising the daughter of one of the UK’s leading sports stars about her potential discrimination claims on the grounds of race and religion against her private school.
Advising the daughter of one of the UK’s leading sports stars about her potential discrimination claims on the grounds of race and religion against her private school.
Representing a major bank as sole counsel defending numerous allegations of race discrimination in a claim listed over 7-days in the Employment Tribunal.
Acting as sole counsel for a luxury fashion retailer in a 4-day Employment Tribunal hearing concerning claims of direct race and sex discrimination, race and sex related harassment, victimisation and unfair dismissal.
Acting as sole counsel for one of the world’s largest suppliers of sports apparel in a claim of disability discrimination, constructive unfair dismissal, and breach of the Working Time Regulations.
Acting as sole counsel for a former employee in an 8-day Employment Tribunal hearing against a solicitors firm and lead partner concerning allegations of direct disability discrimination, discrimination arising from disability, failure to make reasonable adjustment, harassment and victimisation.
Acting as sole counsel for a retail and commercial bank defending allegations of sex discrimination and unfair dismissal in a hearing listed for 4-days in the Employment Tribunal.
Advising a local authority on whether a proposal to withdraw special responsibility allowances from local councillors when they are temporarily unable to perform their duties could be discriminatory.
Acting as sole counsel for one of the world’s largest suppliers of sports apparel in a claim of sexual harassment.
Acting as sole counsel for an appellant in EAT proceedings challenging various aspects of an Employment Tribunal’s remedy decision, including how to make awards for loss of earnings for dismissals which are both discriminatory and unfair, the category of claims to which a 25% increase on awards can be made pursuant to s.207A TULRCA 1992, and whether Tribunals ought first to increase discrimination awards by 25% pursuant to s.207A before making an award for interest or vice versa. The case settled after exchange of skeleton arguments.
Advising a former soldier about potential race discrimination and victimisation claims against the British Army.
Acting as sole counsel for a former choir instructor bringing claims of disability discrimination, harassment, victimisation and constructive unfair dismissal arising out of an altercation with colleagues after the former choir instructor suffered a mental health breakdown. The employer responded by restricting her teaching responsibilities on the basis of alleged safeguarding concerns. The case settled shortly before the first day of a 10-day hearing.
Acting as sole counsel for a police authority in a claim brought by a former employee alleging direct age discrimination and constructive dismissal.
Acting as sole counsel for the respondent national supermarket in a 3-day Employment Tribunal hearing to determine allegations of race discrimination and unfair dismissal.
Acting as sole counsel for a former employee in a case concerning allegations of disability discrimination, harassment and constructive unfair dismissal brought against her former employer, a global customer data science company. The case settled at judicial mediation.
Acting as sole counsel for a former employee against a FTSE-100 telecommunications company in claim of disability discrimination, disability related harassment, unfair dismissal and breach of contract. The claim settled at judicial mediation.
Acting as sole counsel for a former employee in a pregnancy and maternity discrimination claim against a global engineering and design firm. The case settled shortly before the start of a multi-day hearing.
Acting as sole counsel for a claimant in a 2-day liability hearing and 1-day remedy hearing concerning allegations of direct race discrimination. A link to the tribunal judgments can be found here.
Acting as sole counsel for a national supermarket in two hearings lasting a total of 5 days defending allegations of victimisation and constructive unfair dismissal. A link to the judgment can be found here.
Successfully acted as sole counsel on behalf of a female chef in a 4-day equal pay trial against what is purportedly the largest contract foodservice company in the world. The success of this claim attracted national media attention (e.g. BBC, The Independent, The Telegraph, Victoria Derbyshire Show on BBC Two, etc).
Acting as sole counsel for a former employee bringing numerous claims against a Christian denomination church of disability discrimination, disability related harassment, victimisation and breach of the National Minimum Wage Regulations. The case settled immediately before the start of a 6-day hearing.
Acting as sole counsel for a former employee in a 2-day liability and 1-day remedy hearing against the Stroke Association concerning a claim of failure to make reasonable adjustments and unfair dismissal. Navid also acted for the former employee in her reconsideration application concerning the correct approach to calculating future loss of earnings which led to an increase in the final award. A link to the reconsideration judgment can be found here.
Navid regularly advises on, and acts in, complex whistleblowing claims, often alongside claims for discrimination, unfair dismissal or unpaid bonuses.
Acting as sole counsel for the respondent in a complex 5-day Employment Tribunal hearing defending allegations of whistleblowing detriment and dismissal arising out of alleged disclosures of health and safety issues, as well as claims of unlawful deduction of wages.
Acting as sole counsel for a delivery company in a wide-ranging claim concerning whistleblowing detriment, automatic and ordinary unfair dismissal, and wrongful dismissal. The case is currently listed for a 10-day hearing in the Employment Tribunal.
Acting for the respondent in a 2-day hearing to determine a former employee’s claim for whistleblowing detriment. A link to the judgment can be found here.
Acting as junior counsel to Caspar Glyn QC for a senior compliance ex-employee against a multi-national retail and commercial bank in a high-value whistleblowing detriment and dismissal claim.
Acting as junior counsel to Caspar Glyn QC for a senior ex-employee of a global bank working in the financial crime division alleging whistleblowing detriment and dismissal, as well as direct sex and race discrimination.
Despite being called in 2015 Navid has already acted in, and advised on, a number of significant employment status cases. This includes acting as junior counsel in the preliminary reference to the CJEU in the case of Bridges v Yodel Delivery Network C-692/19.
Acting as sole counsel in a two-day preliminary hearing for a commercial fishery defending a series of employment law claims brought by a groundsman where the preliminary issue concerned the claimant's purported worker / employee status.
Acting for Yodel as junior to Jason Galbraith-Marten QC. The matter was sent by Watford ET under the Preliminary Reference Procedure to the CJEU, leading to a Reply by Reasoned Order concerning the meaning of ‘worker’ under the Working Time Directive in the context of the ‘gig economy’. A link to the CJEU’s Reply by Reasoned order can be found here.
Acting as sole counsel in a two-day preliminary hearing for a commercial fishery defending a series of employment law claims brought by a groundsman where the preliminary issue concerned the claimant's purported worker / employee status.
Advising a nationwide hospitality operator on potential employment / worker status issues arising out of its core business model.
Acting as sole counsel for a company manufacturing props and scenic embellishments for major high street retailers in a County Court matter concerning alleged wrongful dismissal and failure to pay contractual holiday pay. The claim was struck out on the basis of a one-day hearing which established that the claimant was neither an employee nor a worker and had no contractual holiday pay entitlements.
Navid has experience advising on employee competition matters and accepts instructions across the full range of employee competition and business protection issues.
Representing a claimant insurance company in a claim against 3 former employees and their new employers in which it is alleged that the defendants have been involved in an unlawful solicitation scheme of the claimant's clients, and in both unlawful and lawful means conspiracy.
Acting as junior counsel for a group of claimant companies in the fashion retail, accessory, and homeware industries bringing claims of breach of contract, breach of fiduciary duty and unlawful means conspiracy in the High Court against a former employee and his newly incorporated company following his alleged misappropriation of the claimant companies’ domain names. The case also raises issues of trade mark infringement and passing off.
Acting as junior counsel for a group of claimant companies in the fashion retail, accessory, and homeware industries bringing claims of breach of contract, breach of fiduciary duty and unlawful means conspiracy in the High Court against a former employee and his newly incorporated company following his alleged misappropriation of the claimant companies’ domain names. The case also raises issues of trade mark infringement and passing off.
Advising a former senior special advisor (“SPAD”) to a senior cabinet minister on proposed restrictive covenants in their next employment contract after working in government.
Acting as junior counsel to Paul Michell to advise a former employee of a large healthcare company on how to respond urgently to threatened High Court proceedings to enforce non-solicitation covenants and confidentiality obligations by way of injunctions.
Advising a cosmetics company on the enforceability of non-compete and non-deal covenants in the employment contract of a former sales executive and the merits of seeking injunctive relief.
Advising a former employee working in software development about the enforceability of a clause in his employment contract giving his former employer the option to seek repayment of alleged ‘training’ expenses because he had not completed a minimum of 5 years of continuous employment.
Advising a former marketing executive on whether her contract of employment had been validly varied so as to include non-compete covenants which her former employer (a global manufacturer and distributor of confectionery) was seeking to enforce.
Advising a retailer on implementing restrictive covenants into the employment contracts of its employees and their enforceability.
Advising a global medical technology company on drafting and inserting restrictive covenants into employees’ contracts of employment.
Advising an employer seeking to enforce confidentiality obligations against a former employee arising out of posts made on social media.
Navid already has substantial experience conducting highly sensitive and confidential investigations for large organisations as part of grievance, misconduct and disciplinary processes.
Acting as the chairman of a three-person panel that is reviewing the decision of a statutory tribunal. The case concerns whether three members of the tribunal breached the Code of Conduct for tribunal members by racially discriminating against or victimising another tribunal member.
Conducting an independent investigation in an internal appeal against dismissal brought by the former CEO of a group of property development companies. The matter involved interviewing multiple witnesses in different countries, reviewing thousands of pages of documentary evidence including accounting information, and determining whether the former CEO was dismissed for raising health and safety issues, or because of poor performance and mismanagement as alleged by the shareholders who had dismissed him.
Instructed by an employer to conduct an independent investigation following a former employee’s appeal against dismissal for misappropriating a significant amount of the company’s funds. The matter involved analysis of large amounts of financial documentation and interviewing witnesses in multiple countries.
Navid is frequently instructed in long-running, sensitive, and complex professional discipline cases. He accepts instructions to represent both professional regulatory bodies and individuals facing charges of misconduct and/or breach of their profession’s rules in a range of fields including education, medicine, sport, and law. He is often instructed early in a case to advise on the best way to navigate the professional disciplinary procedures.
Acting as sole counsel for a claimant head teacher bringing an unfair dismissal claim arising out of the head teacher’s decision to employ someone who had been the subject of a prohibition order by the Teaching Regulation Agency
Acting as sole counsel for a former head teacher in relation to whom a referral was made to the Teaching Regulation Agency concerning comments he posted on an internet chat room about paedophilia.
Acting as sole counsel for a claimant head teacher bringing an unfair dismissal claim arising out of the head teacher’s decision to employ someone who had been the subject of a prohibition order by the Teaching Regulation Agency
Acting as sole counsel for a former head teacher in relation to whom a referral was made to the Teaching Regulation Agency concerning comments he posted on an internet chat room about paedophilia.
Acting as sole counsel for a further education lecturer accused of ‘serious professional incompetence’ before the Fitness to Practise Committee of the Education and Workforce Council in a 5-day hearing.
Acting as sole counsel for an award-winning head teacher before the Teaching Regulation Agency across multiple hearings lasting two-weeks. The head teacher faced numerous misconduct allegations, including manipulation of SATs results over a 6-year period and bullying her staff.
Acting as sole counsel for a dental nurse before the Professional Conduct Committee of the General Dental Council in a 1-day hearing in which the dental nurse admitted to an allegation of fraud and sought to resist the most serious sanctions available to the Committee.
Acting as sole counsel for a social worker in two hearings before the Health & Care Professions Council’s Conduct & Competence Committee lasting a total of 8 days. The social worker was facing allegations of failure to recognise risks of sexual abuse to a child in protection.
Navid has considerable experience of discrimination claims outside the employment/work context as well as experience in wider civil liberties and human rights issues. He is a member of the Equality & Human Rights Commission’s Panel of Counsel and was formerly a member of the Bar Human Rights Committee's Drafting Committee.
Advising the daughter of one of the UK’s leading sports stars about her potential discrimination claims on the grounds of race and religion against her private school.
Advising a leading NGO as part of a four-person team of counsel on the legal issues arising out of Covid status certification / ‘vaccine passports’ being used by employers to make employment-related decisions and by proprietors of premises to decide who can enter.
Acting as sole counsel for a disabled prisoner claiming failure to make reasonable adjustments in relation to his cell, toilet and shower facilities against the Ministry of Justice.
Advising a leading NGO as part of a four-person team of counsel on the legal issues arising out of Covid status certification / ‘vaccine passports’ being used by employers to make employment-related decisions and by proprietors of premises to decide who can enter.
Advising the daughter of one of the UK’s leading sports stars about her potential discrimination claims on the grounds of race and religion against her private school.
Advising a blind person in relation to a local authority’s failure to provide her with accessible correspondence.
Acting as sole counsel in a complex claim brought by a blind and partially deaf prisoner against the prison authority for failure to make reasonable adjustments and breaches of the Human Rights Act 1998, relying on Articles 8 and 14 of the Convention.
Acting as junior counsel to Declan O’Dempsey in a judicial review claim in the High Court for a claimant who was falsely imprisoned for 891 days by being subjected to an unlawful curfew under Sch 3, para 2(5) of the Immigration Act 1971. A link to the judgment can be found here.
'Employment: Religious discrimination' (with Schona Jolly QC) – Insight, West Law
Navid is an Accredited Civil & Commercial Mediator with ADR Group.
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