Amany Jabir

Amany has experience dealing with claims across the range of employment law, including whistleblowing, discrimination (race, sex and disability), and ordinary and automatic unfair dismissal.

• Successfully appearing for the employee in establishing liability for automatic unfair dismissal under TUPE and failure to inform and consult under TUPE and resisting Polkey and failure to mitigate defences.
• Successfully appearing for the employer to defend liability against claims of race discrimination and harassment, discrimination arising from disability (dyslexia), failure to make reasonable adjustments and victimization.
• Successfully appearing for the employer to defend liability against a bonus claim and failure to inform and consult under TUPE.
• Successfully appearing for the employer to reduce the protective award for its wholesale failure to collectively consult on redundancy from 90 days to 35 days when the mitigating circumstances arose from insolvency.
• (Led by James Bickford Smith) Drafting submissions for the Respondent in an EAT Preliminary Hearing to defend a judgment on race discrimination and whistleblowing.
• Drafting Grounds of Complaint for unfair dismissal, race discrimination and disability discrimination.
• Appearing for the employer to resist an unlawful deduction from wages claim in a complex and multiparty agency arrangement.
• Acting for employers in preliminary hearings dealing with claims for constructive unfair dismissal, automatic unfair dismissal for asserting a statutory right and unpaid wages, disability discrimination (Ss. 13, 15, 19, 20-22 and 26), victimisation, failure to inform and consult under TUPE, and unfair dismissal.
• Appearing for the employee, who was an interpreter in a hospital, in a substantive preliminary hearing to determine if his complaint that there was a leak of patient confidential information amounted to a protected disclosure for whistleblowing purposes.
• Advising an employer on the investigation and disciplinary procedure to manage a difficult employee.

During pupillage:

• Successfully appearing for the employer in the Employment Tribunal for a substantive preliminary hearing to strike out a former employee’s unfair and wrongful dismissal claims by submitting that the claims were presented out of time even though it was reasonably practicable to present them within the time limit.
• Drafting a skeleton argument and closing submissions (acting for the employer) in an unfair dismissal claim by submitting that the employer’s conduct and its decision to dismiss the employee fell within the band of reasonable responses that an employer could reasonably make in the circumstances.
• Advising a university on the merits of the age discrimination and victimisation claims an unsuccessful applicant threatened to bring.
• Drafting a skeleton argument (acting for the employer) for a hearing before the Employment Tribunal to dispute an employee’s claim that she was disabled due to his anxiety and depression when she also had issues with alcohol consumption.
• Drafting a skeleton argument (acting for the employer) for a hearing before the Employment Appeal Tribunal against an Employment Tribunal’s order that the victimisation claim had been made out without having made a finding that that the detriment had been ‘because of’ the protected act.
• Drafting a skeleton argument (acting for the employer) for a hearing before the Employment Appeal Tribunal against an Employment Tribunal’s order that the indirect discrimination claim was made out. The claimant’s case on disadvantage and the respondent’s case on legitimate aim had been accepted but the Employment Tribunal had failed to carry out the required balancing exercise.
• Advising an employer on the potential claims that could be brought by an employee whom an employer considered dismissing before her two-year qualifying period for unfair dismissal. As she had recently raised grievances relating to her treatment, the dismissal raised numerous possible claims, including disability discrimination, sex discrimination and victimisation.
• Drafting a skeleton argument for a hearing before the Employment Appeal Tribunal against an Employment Tribunal’s refusal to give relief from sanctions following the dismissal of a claim for non-compliance with an unless order.
• Advising on the employment status of workers contracted under innovative working arrangements, including for employment and tax/IR35 implications.
• Drafting a skeleton argument (acting for the employer) for a hearing before the Central Arbitration Committee to challenge a union’s proposed bargaining unit.
• Advising an employer on a set of overlapping obligations relating to maternity, health and safety, and discrimination (direct and indirect) for airline staff.
• Drafting grounds of claim for a senior executive who claimed that his employer’s dismissal amounted to disability discrimination given his Autistic Spectrum Disorder.
• Drafting a skeleton argument (acting for the employer) for a preliminary hearing before the Employment Tribunal to strike out a former employee’s wrongful dismissal/notice pay claims due to his repeated non-attendance at the hearings (Rule 47 of the Tribunal Rules).
• Drafting an opening note (acting for the employer) for a trial before the Employment Tribunal where the former employee alleged whistleblowing detriment, automatic unfair dismissal, harassment and disability discrimination/failure to make reasonable adjustments.
• Assisting (acting for the employer) in drafting the opening note, cross-examination and closing note for a trial before the Employment Tribunal where the former employee alleged race discrimination, harassment and whistleblowing detriment.

Amany has a significant interest in all areas of commercial law as she comes from a commercially focused academic background and has had a commercially oriented pupillage.

• Appearing in the County Court to resist applications for judgment to be set aside.
• Appearing in the County Court to defend an application for a Data Subject Access Request compliance order.
• Drafting a Conflict of Laws note on possible jurisdiction issues in a team move taking place in Abu Dhabi.
• Drafting a defence and counterclaim in a claim for delivery of goods, raising issues of the workman’s lien and bailment.
• Advising on the prospects of a claimant successfully resisting a jurisdiction challenge by defendants based on arguments on domicile/residence and jurisdiction gateways relating to a contract made in England.
• Drafting particulars of claim for the refund of a contract’s price and order for an account following the other side’s material breach.
• Drafting a skeleton argument resisting the other side’s application for summary judgment to determine a contractual construction point by putting forward that the factual matrix in the case meant that there were triable issues.
• Advising on enforcement of arbitral awards, including through insolvency/winding up petition.
• Assisting in drafting the skeleton argument for an appeal in the High Court against a bankruptcy petitioner for a debt claimed to be due in Russia following a judgment possibly impeached by fraud. Drafted submissions on whether the concept of ‘debt’ under the Insolvency Act 1986 could include an unrecognised foreign judgment.
• Drafting a defence to a High Court claim for breach of a long-term commercial contract for services. The defendant had sought to terminate on the basis that the claimants were acting in a discriminatory fashion towards end-consumers, but certain contractual terms could be interpreted to require compliance with the Equality Act 2010 and there were several lines of defence in respect of issues concerning repudiatory breach, notice of termination and quantum.

Amany has a keen interest in Littleton’s commercial employment practice as she comes from a commercially focused academic background and has had a commercially oriented pupillage.

• Drafting an appeal skeleton argument (acting for a senior executive) for a hearing in the High Court against a Master’s contractual construction in a summary judgment application. The appeal also raised issues of the payability of an accrued debt and the applicability of the Boston Deep Sea Fishing principles.
• Assisting in advising and drafting the particulars of claim filed in the DIFC Courts in an action by a former Senior Executive Officer of a DIFC investment fund/adviser to recover unpaid wages. The case involved novation and limitation issues.
• Drafting a skeleton argument (acting for the employer) in support of an interim injunction application in the High Court for the enforcement of restrictive covenants (non-solicitation and dealing).
• Assisting in drafting the defence to an ADGM claim by the former CEO of an investment fund. The claim was brought both under the ADGM Employment Regulations and under a separate incentive agreement.
• Drafting particulars of claim for the payment of unpaid sums due by a football club to a player.
• Advising on the competition law issues that may arise in the settlement of team move cases, particularly concerning agreements between competitors not to poach each other’s staff.
• Advising a potential employer on the enforceability of a non-competition covenant with multiple named competitors in a potential employee’s current employment contract.
• Drafting particulars of claim (acting for the employer) in a civil fraud claim to recover the deferred consideration paid to a senior executive following his fraudulent misrepresentations, breach of employment contract and breach of fiduciary duty.