Navid Pourghazi

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 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.

Acting as sole counsel for claimants in two separate equal pay claims against the BBC, one brought by a Senior Journalist, and another by an employee in a Finance position. The claims are listed for 5-day and 10-day hearings respectively 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 currently 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 junior counsel to Tom Coghlin QC in the Court of Appeal and EAT. The case concerned the proper interpretation of the burden of proof under s.136 EqA in all discrimination claims. Links to the EAT and CA judgments can be found here and here.

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.

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.

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.

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.

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.

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.  

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. 

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.