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.
Employment and discrimination
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.
- 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
Faizul has also advised on whether policies are compatible with the Equality Act 2010 given his extensive knowledge in policy making and discrimination law.
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.
The interpretation of Regulation 13(1) AWR 2010: the rights of agency workers to apply for job opportunities11th Jan 2021
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.
“… 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”
“… 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)
- 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)