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.
Faizul Azman is an Employment and Commercial Law Barrister. He operates from our London Chambers.
Faizul has an unconventional background for a barrister. Prior to joining Chambers Faizul was an Assistant Director leading on the Northern Ireland EU Exit strategy at the Home Office. Faizul is also a veteran having served an operational tour of Iraq with the British Army.
Faizul was a Senior Policy Advisor in the Copyright and Enforcement Directorate at the UK Intellectual Property Office (“UKIPO”). During his time at the UKIPO, Faizul represented the UK at the Standing Committee on Copyright and Related Rights (“SCCR”) at the World Intellectual Property Organisation (“WIPO”) in Geneva and at the EU working groups to implement the Marrakesh Treaty by way of Directive, Regulation and UK legislation into EU and UK Law. As a Senior Policy Advisor, Faizul also managed and developed the copyright exceptions policy, responded to copyright enquiries, met stakeholders and drafted briefs to senior government ministers and officials.
Faizul is a busy member of the Attorney General’s ‘Junior Juniors Scheme’ to the Crown in civil matters. He was instructed to work closely with Ofsted on the Independent Inquiry into Child Sexual Abuse (IICSA) and was involved in four of the Inquiry’s investigations. Faizul has also advised a public body in updating their policy on gathering information under the Regulation of Investigatory Powers Act 2000 (RIPA).
Faizul’s unique experience puts him in a position to not only advise on the law, but also the reputational risks around the cases he is instructed on.
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Faizul Azman is regularly instructed on a broad range of employment and discrimination matters by national and international clients. He has represented both Claimants and Respondents in preliminary and multi-day final hearings, and regularly drafts pleadings and provides written advice. Faizul’s experience places him in a unique position to advise not only on the law, but any potential reputational risk to organisations if a claim proceeded to trial.
Faizul also has experience and is regularly instructed to advise and developing policy within the areas of employment and discrimination for both private and public organisations.
Faizul’s previous senior management and military experience provide him with an in-depth understanding of HR and workplace matters, particularly within public and quasi-public bodies such as local authorities, government departments, HM Armed Forces, police and fire authorities, government agencies and the education sector.
Faizul also has experience and particular interest in the following areas of Employment Law:
- All areas of discrimination under the Equality Act 2010
- All aspects of unfair dismissal, including constructive dismissal
- Wrongful dismissal
- Contractual claims
- Successfully represented an employer in a multi-day (hybrid) trial responding to complaints of disability discrimination, unlawful deduction from wages and breach of contract. Of note, Faizul successfully argued that a complaint of ‘associative discrimination’ could not be brought under s.15 of the Equality Act 2010.
- During a multi-day (remote) trial for unfair dismissal, Faizul anticipated that a finding would likely be made against his client that would raise significant reputational risks during the evidence stage. Faizul successfully negotiated favourable settlement terms that removed any risk.
- Successfully represented an employer in a multi-day (remote) trial responding to a complaint of constructive dismissal. The employee had failed to resign for nine months but claimed this was because he was seconded to another organisation during that period.
- Successfully represented a Claimant following a complaint for automatic unfair dismissal when they were refused itemised pay statements because the employer claimed furlough whilst the Claimant worked full time during the national lockdown.
- Advised a government department on whether a proposed policy would change their contractor’s employment status and if, as a result, whether there would be any tax implications (IR35) if the policy was implemented.
- Advised on a TUPE (Transfer of Undertakings (Protection of Employment) Regulations) matter when a hotel made a service provision change during its closure because of the Pandemic.
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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.
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Faizul Azman is regularly instructed on a broad range of Commercial Law matters. He provides advice, drafts pleadings, and represents clients in litigation at both interlocutory and final hearings. Faizul’s commercial practice is focussed on the following areas:
- Contractual disputes
- Supply of goods and services
- Director/Shareholder disputes
- Professional liability
- Non-Contentious – Corporate Governance Structures.
Faizul also accepts instructions on Intellectual Property (“IP”) matters. Prior to coming to the Bar, Faizul was a Senior Policy Advisor in the Copyright and Enforcement Directorate at the UK Intellectual Property Office (“UKIPO”). During his time at the UKIPO, Faizul represented the UK at the Standing Committee on Copyright and Related Rights (“SCCR”) at the World Intellectual Property Organisation (“WIPO”) in Geneva and at the EU working groups to implement the Marrakesh Treaty by way of Directive, Regulation and UK legislation into EU and UK Law.
As a Senior Policy Advisor, Faizul also managed and developed the copyright exceptions policy, responded to copyright enquiries, met stakeholders and drafted briefs to senior government ministers and officials.
Faizul’s overlapping practice in commercial and employment law matters compliments his IP practice.
Faizul’s recent commercial work includes:
- Successfully struck out a Defence to a £90,000 claim.
- Drafted pleadings and successfully settled a claim for 90% of its value prior to a hearing for Summary Judgment to recover money when a wedding was cancelled due to the Pandemic. Faizul pleaded force majeure/frustration of contract.
- Advised on the merits of bringing a misrepresentation claim against a property developer for increasing the property owner’s liability without their knowledge prior to purchasing the property.
- Advised on the merits of bringing a claim for breach of contract against an independent school when they failed to provide a service that was contracted at a time when the Government closed schools due to the Pandemic.
- Advised on the merits of resisting an appeal where the court had made overlapping and contradictory Orders for an Order of Sale of a property because of a successfully clam.
- Advised and drafted a Defence following a claim for a right to reject a motorhome worth £50,000 under the Consumer Rights Act 2015.
- Advised on the merits of brining a professional liability claim against a solicitor.
- Advised on the merits of bringing a professional liability claim against a Trade Union on behalf of a university lecturer.
- Advised on the corporate governance structure for a public body.
The interpretation of Regulation 13(1) AWR 2010: the rights of agency workers to apply for job opportunities11th Jan 2021
Gassa & Anor, R (on the application of) v Richmond Independent Appeals Service & Anor  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.
Injunction to prevent a breach of mutual trust and confidence1st May 2020
SMO v Hywel Dda University Health Board  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.
“… 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 which you would expect from his level of qualification” - Partner (Solicitor)
“… 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
“… As soon as we spoke, I realised I was in exactly in the right hands. You did a great job putting me at ease even with the tech issues I was having. You must have been told before that you have a great bedside manner. Thank you so much for getting me over the final hurdle with such a great result… If the opportunity to recommend you ever comes my way I most definitely will” - Lay Client
“… 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
“Notwithstanding the result, my clients were very impressed with Mr Azman” - Solicitor
“A great result” - Solicitor
- LLB (Hons) Law Accelerated Route – 2:1
- BPTC (The University of Law, London) – Very Competent
- The Duke and Duchess of Cambridge Scholarship, Major Award, Middle Temple
- Constitutional and Administrative Law Bar Association (ALBA)
- Employment Lawyers Association (ELA)
- Employment Law Bar Association (ELBA)
- Education Law Association (ELA)