Sami Ur Rahman
Year of Call: 1996
• Employment & Discrimination
• Employment Law
• Landlord and Tenant
• Civil law
Mr Rahman act for employers and employees. He is regularly instructed by a broad range of clients including local authorities, non departmental public bodies, City and large regional solicitors firms as well as by the HR and legal departments of a number of high profile national and international companies. His practice takes him to Employment Tribunals covering England and Wales (occasionally Scotland), the Employment Appeal Tribunal, the High Court and the Court of Appeal. Mr Rahman has considerable experience in:
Representing Claimants and Respondents in high profile and complex discrimination claims with successes in disability, race, sex and religious discrimination cases and large value whistleblowing and breach of contract claims as well as the more standard unfair dismissal claims.
He also has experience in dealing with claims in which discrimination is raised in other areas of law outside employment.
EXPERTS YOU CAN TRUST
EXPERIENCE & BACKGROUND
 1 WLR 2653,  ICR 756,  IRLR 719,  UKSC 31,  WLR 2653,  WLR (D) 319; From United Kingdom Supreme Court; 48 KB). Succeeded at the Supreme Court. Case concerning whether migrant workers were a separate, group under the Equality Act and whether an indirect discrimination claim could succeed in the event that it was not. F v R  East London ET – Wages and Holiday Pay claim. R v H House  – Central London Employment Tribunal – Preliminary hearing on prospects of success in respect of a discrimination claim and who the correct respondent was. General Municipal and Boilermakers Union v Henderson (Unfair Dismissal)  UKEAT (13 March 2015) ( IRLR 451,  UKEAT; From United Kingdom Employment Appeal Tribunal; 145 KB) Concerning religion and belief in this case the belief that trade unions should be democratic. This case went to the court of appeal on the basis that there had been an unlawful substitution by the Employment Appeal Tribunal in 2017, but the appeal was not effective. W v Local Authority (2014): Unfair dismissal claim arising out an employees conduct in failing to follow the Respondents contracting procedure. N v Local Authority (2014): Unfair dismissal claim against a local authority; arising of a dismissal on the basis of conduct that destroyed trust and confidence. Dr M v 2 NHS Trusts (2014): Claim of indirect discrimination and unfair dismissal. C was a Uk national originally from Iraq who had obtained the bulk of his qualifications in Poland. He applied for a post that required him to have the MRCP or MRCP equivalence (commonwealth or EEA). He was dismissed for not having the MRCP or equivalent and his EEA qualifications were not considered. R v NHS Trust (2014): Claim for detriment and constructive dismissal arising out an allegation that the Claimant had competed for a contract with the Trust, the issue bing whether the Trust knew or could had constructive knowledge that the Claimant had only bid for the contract when the Trust had lost the bid and didn’t which to pursue it. There was also an abortive criminal trial. Fazal v Thames Utilities Ltd (2013). Court of Appeal. Permission from the decision of HHJ McMullen QC, LJ Underhill concerning appeal time limits (pro bono). Buzoli v Food Partners Limited UKEATPA/1325/11/CEA. An appeal concerning the status and interpretation of the ACAS code relating to disciplinary and grievance procedures. Rogers v Department for Business, Innovation and Skills UKEAT/0251/12/SM. A successful appeal to EAT, concerning a review of a strikeout on merits and an unless order. Chikwe v Mouchel Group Plc & Anor UKEAT/0633/11/CEA Continuing act of discrimination. Bishun v Hertfordshire Probation Service (HPT) UKEAT/0123/11/DA (2012); Reasonable adjustment and the employee’s duty to cooperate with their implementation. Orion Locums v Shulton & Others  HQ09X01313 High Court claim in respect of employee’s use of former employer’s confidential information and breaching restrictive covenants. Potter v Staffordshire Sentinel Newspapers Ltd  All ER (D) 131 (May) Right to substitute and definition of employee. Gray and another v. Canada Life  All ER (D) 36 (Jan) EAT Employment Rights Act s23 Working Time Regulations 1998 SI 1998/1833 List v Douglas  ICR 686 ALL ER (D) 215; Kigass v. Brown  ICR 697 All ER (D) 341 (Feb), Sami was instructed at first instance. Lewis v Blue Arrow Care Services Ltd  ICR part 7-EAT Amending a claim of discrimination. S v a Local Authority (2010) National Minimum Wage Act provisions care worker who as part of his role is required to sleep on the premises. Cases cited were Smith v Oxfordshire NHS Trust UKEAT/0176/09/CEA and MacCartney v Oversley House Management  IRLR 514. A v a Local Authority & A Union (2010)* This was a Hogg v Dover  ICR 39 EAT type claim. Z v a Non Departmental Public Body Court of Appeal (2010) Sami was instructed on behalf of 16 Respondents in this appeal brought by a former employee from the decision of the EAT to dismiss her appeal. Lord Justice Elias dismissed the appeal. C v a Non Departmental Public Body (2009). Strike out of discrimination claims as had no reasonable prospects of success and no substantial connection with the former employment per Rhys-Harper v Relaxion Group plc  ICR 867. There were two appeals to the Employment Appeal Tribunal and one appeal to the High Court against. H v a Primary Care Trust (2008). I was instructed on behalf of the Claimant. This was one of four claims against various NHS Trusts and PCTs. Claims relating to disability discrimination arising out of recruitment and CRB disclosure. Murray v Newham Citizens Advice Bureau  IRLR 340. Ahmed v Montana Bakeries (2008). Heard at Reading Employment Tribunal. Sami was instructed on behalf of the Clamant and the claims were of unfair dismissal (s98 (4)) ERA and automatically unfair dismissal arising out of a health and safety issue (s100 (1)(e)).
- Directors duties and diaqualification
- Public Procurement – local and central
- Insolvency – Private and Company
- Buiding claims in the Technology and Construction Court
- Fiduciary duties
- Intellectual Property
- Creditors rights
- Shareholders rights
- Factoring agreement
- Franchising agreements
- Partnership disputes
- General commercial contract disputes
- Claims in respect of guarantees and securities
- Consumer law (taught this area of law)
- Professional Negligence.
- real property claims and disputes
- leasehold disputes including enfranchisements (commercial and residential)
- nuisance and party wall claims
- property-related building disputes
- disrepair claims
- homelessness appeals
- adverse possession claims
- easements and covenants
- general commercial and residential possession work
Memberships and associations
- Employment Lawyer’s Association (ELA)
- Discrimination Lawyer’s Association (DLA),
- Family Law Bar Association (FLBA-membership pending),
- London Common Law & Bar association (membership pending).
- 1996 Call – Lincoln’s Inn
- LLB (Hons).