Changez Khan

Employment; Business and Property; Company and Partnership

Changez is a specialist in employment and discrimination law. He has the confidence to take on difficult cases – having appeared three times in the Court of Appeal and many more times in the EAT as sole counsel. He acts for employers and employees alike. A non-exhaustive list of his cases is provided below.AdvocacyAs an advocate, Changez is experienced across the spectrum of employment disputes. He acts in cases involving dismissals, alleged discrimination, wages, bonuses and whistleblowing. He appears at preliminary hearings and in multi-day (or multi-week) trials.

Cross-over commercial workChangez has a growing niche in cases with a commercial flavour, where the parties have a choice of jurisdiction between the ET and the civil courts. For example, he is currently acting in a long-running shareholder dispute worth several million pounds in the High Court. Other recent cases have involved injunctions to enforce restrictive covenants or to restrain breaches of directors’ duties. For further detail, see his separate profile for the Business and Property group.

Advisory workChangez aims to deliver advice that is clear, focussed and decisive. He advises on merits and quantum. He also enjoys guiding clients who face difficult judgement calls. Often, Changez is instructed at the nascent stage of a dispute to help shape the case strategy or to offer a fresh perspective.He is happy to advise in writing or to test matters in conference, including by video-conference. By maintaining a balanced employer/ employee practice, he is able to retain a sharp eye for tactics used on both sides.In appropriate cases Changez accepts instructions on a direct access basis. He is fluent in French, including legal French, and is happy to accept instructions from Francophone clients.

OtherELA Briefing, July 2018: “Morris v Metrolink: trade union activity and confidential data”The Times, 7th November 2018: “Luxury goods giant Richemont UK spied on black worker it discriminated against” https://www.thetimes.co.uk/article/luxury-goods-giant-richemont-uk-spied-on-black-worker-it-victimised-2htkm9zwmELA Briefing, November 2019: “Lies, damned lies and discrimination: Base Childrenswear Ltd v Otshudi”

Notable CasesBase Childrenswear Ltd v Otshudi [2019] EWCA Civ 1648Race discrimination; shifting burden of proof; whether a prima facie case could properly be inferred from marginal evidence; successful in resisting appeal.https://www.bailii.org/ew/cases/EWCA/Civ/2019/1648.htmlMorris v Metrolink RATP Dev Ltd [2018] EWCA Civ 1358Dismissal for trade union activity; s.152 TULRCA 1992; unauthorised leak of sensitive data; whether using such data in a collective grievance was legitimate union activity; successful in overturning EAT’s decision on appeal.https://www.bailii.org/ew/cases/EWCA/Civ/2018/1358.htmlR and R Plant Hire v Bailey [2012] EWCA Civ 410Age discrimination; compulsory retirement at 65; extent of employer’s duties; appeal on a point of interpretation of the Employment Equality (Age) Regulations 2006, Schedule 6https://www.bailii.org/ew/cases/EWCA/Civ/2012/410.htmlSpragg v Richemont (UK) LtdTwo-week race discrimination trial against the owner of the Cartier and Mont Blanc brands; black employee consistently overlooked for promotion; sub-conscious bias proven; employer also shown to have spied on employee using surveillance agency; victimisation claim also proven; reported in The Times.https://www.thetimes.co.uk/article/luxury-goods-giant-richemont-uk-spied-on-black-worker-it-victimised-2htkm9zwmDee v Suffolk County Council UKEAT/0180/18/BATwo-week unfair dismissal trial, followed by an appeal; headmaster dismissed for using physical restraint on a disruptive pupil; interplay between gross misconduct and the Department for Education guidelines on the use of reasonable force.Re Solitair Ltd, EWHC 2019Theft of client database by departing director; secured interim injunction to prohibit the use of client lists and sensitive pricing information; breach of director’s duty to avoid conflicts of interest (s.175 CA 2006); on-going damages claim for diversion of business opportunity.Re Icon College of Technology and Management Ltd [2017] EWHC 3177 and [2019] EWHC 1826 (Ch)Joint venture; substantial claim for damages in lieu of a one-third shareholding; issues over share valuation (date of valuation, minority discount) and disguised distributions.AppointmentsAttorney General’s panel of counsel – London B panelAwardsClifford Chance prize for outstanding performance (2nd year, LLB): King’s College, LondonLord Denning scholarship, Hardwick entrance award and Levitt award: Lincoln’s Inn