Employment Law

Since 2017, Mukhtiar has been recommended in Chambers UK Bar Guide for his employment work. His depth of knowledge of employment law, coupled with over twenty-five years’ experience in employment relations, enables him to provide sound advice and practical solutions.

Mukhtiar has a particular interest in whistleblowing and discrimination disputes. He attracted worldwide publicity after he successfully argued on behalf of a Sikh that the no-beard policy of a recruitment agency providing staff to London’s five-star hotels, was indirect discrimination. He donated his fees to the relief charity concert Khalsa Aid.

He is now a voluntary member of the Legal Support Network for Protect, the whistleblowing charity (formerly Public Concern at Work). As a member of its Legal Support Network, he provides advice and representation, particularly on complex cases; and advises and shares good practice in order to develop policy. He contributed to the Whistleblowing Bill, which aims to strengthen whistleblowing protection.

He is instructed in cases that overlap with his commercial practice, including shareholder prejudice; breach of confidentiality; restraint of trade; partnership disputes; and wages/contract claims. Cases involving financial services and healthcare workers often call upon his experience with regulatory matters.

Mukhtiar can assist with all types of disputes, including:

  • Appeals to the EAT
  • Whistleblowing
  • Unfair dismissal and wrongful dismissal
  • Discrimination including disability and all types of harassment
  • The Senior Managers Regime
  • Settlement Agreements
  • Restrictive covenants, including urgent injunctions
  • Breach of confidence
  • Unpaid wages
  • Discipline, misconduct and performance
  • Long-term sickness absence
  • Working Time Regulations
  • National Minimum Wage
  • Maternity/adoption/parental rights, including surrogacy

Notable Cases:

  • Sethi v Elements Personnel Services Ltd Case no. 2300234/2018 (2019). Successfully argued that the no-beard policy of a recruitment agency, which provided staff to 5-star hotels in London, was indirect religious discrimination as it puts Sikhs at a particular disadvantage. The judgment can be read here.
  • Parkin v Leeds City Council UKEAT/0178/19 (2019). Successfully appealed on two grounds that allegations of sex discrimination and harassment should not have been struck out either as there being no prospect of success or by failing to apply the two-part test of Hasan v Tesco Stores. The judgment is noteworthy as to the approach to multiple discrimination claims with lengthy pleadings and it can be read here.
  • A 7-day religious harassment and victimisation claim. Successfully argued that a Muslim employee was subject to religious harassment the day following the Manchester terrorist attack at the Ariana Grande concert and was victimised after he raised a complaint. The judgment can be read here.
  • Unfair/wrongful dismissal dispute involving a city trader. The central issue was the culture of the (well-known investment) bank at the time, including the prevalence of the alleged misconduct. The case involved a consideration of how a settlement, including a reference, could be achieved in light of the Senior Managers Regime.
  • A 3-day county court case for unpaid pay with counterclaims for fraud and breach of post-termination restrictive covenants. Having been instructed for 2 years on a direct public access basis, successfully settled on the first day of trial securing the full value of the claim and costs.
  • 4-day unfair dismissal case brought by a director-employee involving allegations of financial irregularity and a breach of fiduciary duties.
  • A county court claim for a director’s payment in lieu of notice which had been withheld after the employer alleged to have subsequently discovered breaches of fiduciary duties.
  • 4-day disability discrimination case involving harassment because the employee had a hearing impairment.
  • 3-day claim including age discrimination, detriment, unfair dismissal and holiday pay. Successfully argued that a rolled up holiday pay clause was a sham.
  • Acting pro-bono, successfully negotiated at remedies stage a six-figure settlement for a Claimant who had established that her employer had subjected her to victimisation and race discrimination.
  • A county court claim involving the recoverability of finder’s fees and an allegation of breach of post-termination restrictions.
  • An equal pay case, including sex and pregnancy discrimination, involving bonus schemes in the City. A substantial settlement was obtained on behalf of the client.
  • A whistleblowing case involving a senior manager brought against a leading investment bank.
  • 8-day whistleblowing and unfair dismissal claim brought by a nurse, where a key issue was the meaning of “in the public interest” as inserted by s.17 of the Enterprise and Regulatory Reform Act.
  • Unfair dismissal and unpaid holiday case. Successfully argued that a construction worker under a written “self-employed” contract was an employee.

Mukhtiar is a member of the Industrial Law Society; Employment Law Bar Association; Employment Lawyers Association; and Association of Regulatory & Disciplinary Lawyers.

If you are a solicitor or HR professional seeking training on any issue, please contact Mukhtiar.

If you would like assistance with any employment dispute, please contact Mukhtiar.