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 is a barrister specialising in public, employment, education and commercial law disputes. He operates from our Chambers in London.

Faizul has an unconventional background for a barrister, having served in the British Army and later the Civil Service where he held a number of senior management positions.

Faizul ended his career at the Civil Service as an Assistant Director leading on the Northern Ireland EU Exit strategy at the Home Office. Prior to this, Faizul represented the UK during negotiations in Brussels and the United Nations, managed and advised on departmental appeals and judicial review cases at the Court of Appeal, Supreme Court and ECHR, and was a government advocate at the First-tier Tribunal (Immigration and Asylum). Faizul has a wealth of experience which he invests into his cases.

Faizul is also a busy member of the Attorney General’s ‘Junior Juniors Scheme’ to the Crown in civil matters.

Expertise

  • Employment and discrimination
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    Faizul Azman accepts instructions on a broad range of employment law matters and has represented both claimants and respondents in preliminary and multi-day final hearings.  He also regularly drafts pleadings and provides written advice.

    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 such as local authorities, government departments, HM Armed Forces, police and fire authorities, government agencies, and universities/colleges/schools.

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

    Recent Cases

    • Represented a respondent in a multi-day disability discrimination, unlawful deduction from wages and breach of contract claim (hybrid hearing).  Faizul successfully argued that a complaint for ‘associative discrimination’ could not be brought under s.15 of the Equality Act 2010 (discrimination arising from disability)
    • Represented a respondent at a substantive preliminary hearing where there had been failures to comply with case management orders.  Faizul obtained a deposit order against the claimant
    • Represented a claimant at a remedy hearing and advised on how to claim protected payments through the National Insurance Fund after the respondent went into administration between the final and remedy hearing
    • Large scale pre-action disclosure in a constructive unfair dismissal claim of a CEO at an international organisation

    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 Azman accepts instructions on a broad range of education law matters.

    Faizul has been involved and assisted counsel in 3PB’s highly respected Education Team including John Friel, Emma Waldron and Charlotte Hadfield.  He 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 s.37 of the Children and Families Act 2014 (EHC Plans).

    Faizul is also one of the barristers that 3PB has working closely with Ofsted. He was instructed to work on the Independent Inquiry into Child Sexual Abuse (IICSA) and was involved with four of the Inquiry’s investigations. Following the conclusion of the Public Inquiry, Faizul continues to work with Ofsted. Please see Faizul’s public law profile.

    Faizul also has experience in dealing with Disability Discrimination claims under the Equality Act 2010 having represented both claimants and respondents on multi-day trials in the Employment Tribunal and County Court. Please see Faizul’s employment law profile.  He applies his knowledge and experience of discrimination disputes within education law matters.

    Recent Cases

    • Advising on the merits of a breach of contract against an independent school following the government’s closure of schools due to Covid-19 and force majeure
    • Drafting a response to an appeal regarding the refusal to issue an EHC Plan
    • Represented a local authority at the First-tier Tribunal (Special Educational Needs and Disability) in a B and F Appeal, and successfully resisted 1:1 support being implemented into an EHC Plan
    • Clerking in school admission appeals
    • Represented parents at a school governors meeting following a complaint made against the headteacher and successfully challenged the school’s anti-bullying policy

    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 Azman is a valued member of 3PB’s Public Law Team and accepts instructions in a wide range of public law matters. He is a busy member of the Attorney General’s ‘Junior Juniors Scheme’ to the Crown in civil matters.

    Faizul has extensive experience in immigration and asylum matters. Prior to coming to the Bar, Faizul was an asylum caseworker and advocate in detained asylum cases at the Home Office. He was quickly promoted and was later responsible for the management of departmental appeals at the Court of Appeal, Supreme Court and ECHR cases. As a senior caseworker, Faizul also managed and advised on judicial review claims. Faizul left the Civil Service as an Assistant Director leading on the Northern Ireland EU Exit strategy.

    Within education law, Faizul is regularly instructed by both claimants and respondents on pre-action and judicial review claims. He has also gained valuable experience during his secondment with Ofsted where he has been instructed on a range of public law matters.

    As a former senior policy advisor at the Intellectual Property Office, Faizul represented the UK in Brussels negotiating the legal text of a Directive and Regulation to implement the Marrakesh Treaty into both EU and UK law. Faizul also worked on the public consultation on how the Directive should be implemented in the UK.

    Faizul’s operational and policy experience under significant pressure from multiple stakeholders gives him an in depth understanding of the interlink between the law, government policy and risk.

    Recent Cases

    • Working with Ofsted in four of the investigations in the Independent Inquiry into Child Sexual Abuse (IICSA)
    • Advising a claimant on the merits of an application for judicial review, as well as interim relief regarding a Local Authority’s failure to provide suitable alternative education under s.19 of the Education Act 1996 where the named school in the EHC Plan was under special measures
    • Advising on the merits in appealing a civil penalty under s.32 of the Immigration and Asylum Act 1999 (penalty for carrying clandestine entrants) and drafting grounds for appeal

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

  • Commercial
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    Faizul Azman regularly advises and appears in the County Court on the following commercial matters:

    • Breach of contract
    • Misrepresentation
    • Sale of Goods and Supply of Services
    • Unfair Terms in Consumer Contracts

    Overlapping with his employment and education practice, Faizul also represents claimants and defendants in contractual disputes between employer/employee, students or parents/ schools, colleges, universities.

    Recent Cases

    • Represented a claimant against a wedding venue to recover monies paid following its cancellation due to Covid-19 and whether the contract was frustrated
    • Advised a claimant on whether there was a breach of contract when a private school failed in its contractual obligations after the government closed schools due to Covid-19
    • Advised and drafted pleadings in a breach of contract claim for the repayment of training costs following the resignation of an employee
    • Advised and drafted pleadings for a claimant (Chief Operating Officer) in a breach of contract claim to supply services
    • Advised and drafted a defence for a defendant following a claim under the Consumer Rights Act 2015 and the right to reject a motorhome
  • Publications
    • The interpretation of Regulation 13(1) AWR 2010: the rights of agency workers to apply for job opportunities

      11th Jan 2021

      Faizul Azman reviews Angard Staffing Solutions Limited and anor v Kocur and anor on the interpretation of regulation 13(1) of the Agency Workers Regulations 2010 – the right to be informed of a relevant vacant post with the hirer, and to give that agency worker the same opportunity as a comparable worker to find permanent employment with the hirer.

      View Publication
    • Gassa & Anor, R (on the application of) v Richmond Independent Appeals Service & Anor [2020] EWHC 957 (Admin) (22 April 2020)

      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
    • Injunction to prevent a breach of mutual trust and confidence

      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)