Faizul Azman

Faizul Azman

Year of Call: 2018
Email Address: faizul.azman@3pb.co.uk
Telephone: 020 7583 8055

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Overview

Faizul Azman specialises in employment, education and public law disputes. He operates from our London office.

Faizul has an unconventional background for a barrister. He served in the British Army and later the Civil Service where he held a number of senior management positions. Faizul has a wealth of experience of public organisations and their working practices, which he invests into his cases.

Faizul ended his Civil Service career as an Assistant Director leading on the Northern Ireland EU Exit Strategy at the Home Office. Prior to this, he represented the UK during negotiations in Brussels and the United Nations, managed and advised on departmental appeals and Judicial Review cases in the Hight Court, Court of Appeal, Supreme Court and European Court of Human Rights, and was a government advocate at the First-tier (Immigration and Asylum) Tribunal.

Faizul is a busy member of the Attorney General’s “Junior Junior Scheme”.

Expertise

  • Employment and discrimination
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    Faizul acts for both claimants and respondents and accepts instructions in all areas of employment law. His previous senior management and military experience provides him with an in-depth understanding of HR and workplace matters, particularly public and quasi-public bodies like local authorities, government departments, HM Armed Forces, police and fire authorities, government agencies, and universities/colleges/schools.

    Faizul is regularly instructed in a number of employment matters representing both national and international clients.

    Recent employment law matters which Faizul has been involved with include:

    • Large scale pre-action disclosure in response to a claim for constructive unfair dismissal of a CEO at an international organisation;
    • Successfully represented a company in resisting a claim for unpaid holiday pay where the claimant had been on long term sick leave, and having only worked for 9 weeks;
    • Represented a claimant at a remedy hearing following a judgment of unfair dismissal after his employer went into administration, and successfully obtained judgment so the claimant could claim protected payments through the National Insurance Fund.
    • Represented a claimant following a claim for unfair dismissal and disability discrimination;

    Faizul also has experience and particular interest in the following areas of employment law:

    • All aspects of unfair dismissal including constructive unfair dismissal;
    • Wrongful dismissal;
    • Contractual claims;
    • All areas of discrimination under the Equality Act 2010.
    • Redundancy.

    Faizul has also advised on whether policies are compatible with the Equality Act 2010 given his extensive knowledge in policy making and discrimination law.

    • Investigations
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      Faizul’s previous senior management and military experience provide him with an in-depth understanding of HR and workplace matters, particularly public and quasi-public bodies like local authorities, government departments, HM Armed Forces, police and fire authorities, government agencies, and universities/colleges/schools.  Whilst in government, Faizul held a high level of government security clearance.

      Faizul has conducted various confidential investigations across a broad range of organisations including HM Armed Forces, the Civil Service and retail covering a wide range of issues.  The issues have included bullying, discrimination, physical violence and sexually inappropriate behaviour.

  • Education
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    Faizul has acted for both parents and local authorities across a wide range of education law disputes and public law challenges.  A junior barrister, Faizul accepts instructions to act on his own and as junior to senior junior barristers at 3PB and other chambers.

    Faizul has been involved and assisted counsel in 3PB’s highly respected Education Team including John Friel on an Appeal in the First-tier Tribunal (Special Educational Needs and Disability) and Emma Waldron with an Appeal to the Upper Tribunal.  Faizul has also recently assisted 3PB’s head of Education Law, Charlotte Hadfield, and her junior Matthew Wyard in the Court of Appeal which was the first case to consider Section 37 of the Children and Families Act 2014 (Education, Health and Care plans).

    Faizul is currently one of the counsel that 3PB have working closely with Ofsted.  He has been instructed to work on the Independent Inquiry into Child Sex Abuse (IICSA) and is involved in four of the Inquiry’s investigations. Please see Public Law profile for more information.

    Recent education law matters which Faizul has been involved with include:

    • Represented a local authority in a School B and F Appeal and successfully resisted a 1:1 support provision to be implemented into an Education, Health and Care (EHC) plan;
    • Acted as a Clerk in school admission appeals;
    • Advised parents at a School Governors meeting following a complaint made against a headteacher, and successfully challenged the school’s anti-bullying policy;
    • Drafted responses to appeals where the local authority refused to issue an EHC plan;
    • Advised on merits on bringing a claim for breach of contract against an independent school following school closures due to Coronavirus (Covid-19).

    Faizul has a growing reputation and has attracted repeat work from every solicitor and public organisation that has instructed him during his burgeoning career at the Bar.

  • Public and Regulatory
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    Faizul has become a valued member of 3PB’s Public Law Team and is one of the counsel that 3PB have working with Ofsted in the Independent Inquiry into Child Sex Abuse (IICSA).  He is currently instructed on four of the Inquiry’s investigations into child sexual abuse, namely:

    During his time in the Civil Service, Faizul managed and advised on a high volume of Judicial Review cases in immigration, asylum and human rights.  This, in addition to his experience in other senior roles give him an in-depth understanding of the interlink between the law, government policy and risk.

    Faizul is a busy member of the Attorney General’s ‘Junior Junior Scheme’ and accepts instructions on a wide range of public law matters.

  • Publications
    • 12th May 2020

      Faizul Azman summarises R (Gassa and another) v Richmond Independent Appeals Service and another: a new authority on school admissions which contains some interesting obiter observations on the effect of remittal to a new panel following a successful judicial review.

      View Publication
    • 1st May 2020

      SMO v Hywel Dda University Health Board [2020] EWHC 727 (QB)
       
      The Court found in favour of the claimant, a consultant surgeon, to restrain the defendant from continuing a working relationships investigation into his alleged conduct, competence or behaviour, whilst carrying out disciplinary proceedings in parallel.

      View Publication
  • Recommendations

    “… I must say that he was excellent, and the help he provided assisted greatly in a positive result.  His notes were excellent and his involvement during the hearing cross checking etc. under considerable pressure was well beyond that which you would expect from his level of qualification”
    Partner, Regional Solicitors (Regulatory – disciplinary proceedings)

    “A great result”
    Solicitor (Employment – remedies hearing)

    “Thank you for your counsel yesterday, [the client] is pleased with the outcome of the hearing”
    Solicitor (Employment – final hearing)

    “Notwithstanding the result, my clients were very impressed with Mr Azman”
    Solicitor (Commercial)

    “… Overall my experience of instructing Faizul has been very positive and I did seek to instruct him again, though he was unavailable on this occasion… I look forward to instructing him again”
    Solicitor, Local Authority (Education – SEN Appeal)

    “I wanted to let you know what a good job Faizul did Clerking the School appeals for us.  He was always on time (no mean feat given the distance he travelled), prepared and ready for action… All in all the service he provided was excellent and I would have no qualms about using Faizul again, or recommending his services”
    Local Authority (Education – School Admission Appeals)

Academic qualifications

  • LLB (Hons) Law Accelerated Route – 2:1
  • BPTC (The University of Law, London) – Very Competent

Scholarships

  • The Duke and Duchess of Cambridge Scholarship, Major Award, Middle Temple

Professional bodies

  • Constitutional and Administrative Law Bar Association (ALBA)
  • Employment Lawyers Association (ELA)
  • Employment Law Bar Association (ELBA)
  • Education Law Association (ELA)