Home > Barristers > Barrister CVs > Nabila Mallick - Employment

Barrister - nabila mallick

Senior Practice Manager
Martin Ellis

Practice Group Clerks
James Ashford
Mitchell Nash
Oliver Lee

Chief Executive & Director of Clerking
Tony McDaid

Tel: +44 (0) 845 210 5555
Fax: +44 (0) 121 606 1501
[email protected]

Nabila Mallick - Employment

Nabila's Commercial pupillage and LLM has been advantage in this area. She is public access accredited and is instructed directly by legal departments of companies. She has gained extensive experience of representing Claimants and Respondents at the Employment Tribunal. She has particular interest in Religious Discrimination, and has dealt with claims of Jewish, Muslim and Hindu Claimants.

Nabila is passionate in representing her clients and has been involved in a number of publicised cases;

(i) T. Price 'Trudi's big pay out' The Sun 7th April 2000 (Sex Discrimination and Unfair Dismissal)
(ii) Suriya Jabeen v Tower Hamlets - Muslim Weekly - Dec 2004 (Race Discrimination and Unfair Dismissal)
(iii) Jacobi -v- Market Tavern Ltd - Jewish Chronicle - March 2002 (Religious, Race and Sex Discrimination)

Nabila is known for her creative approach combined with a good understanding of the law. She represented Crown Agents in the first telephone multi track case. She advised successfully that the CPR could be used to allow witnesses to give evidence by telephone from Mozambique, Angola, Spain and Washington (reported in the District Judge's Journal in 2003).

MEDIA

Nabila appeared in the BBC documentary Inside Out on the topic of Muslim discrimination.


Nabila was also interviewed live on BBC Radio London and appeared on BBC World News on 6th February 2017.

Nabila Malick has also featured on BBC Asian Network Radio, click here to listen.

Read Nabila's article on Muslim discrmination.

View Nabila's discussion on ethics in employment:
Part one - Discussion of ethnic names on CV's
Part two - Affirmative action i.e. pros and cons of positive discrimination.

QUALIFICATIONS

Nabila has a 2:1 LLB (Hons) (highest first in a final year paper) and LLM in Commercial & Corporate Law from University of London.

MEMBERSHIPS
  • Employment Law Association
  • Association of Regulatory and Disciplinary Lawyers
  • Employment Law Bar Association
  •  

RECOMMENDATIONS

‘She leaves no stone unturned when building cases.’
Legal 500 2017

 

 

 

 

 

'She combines merciless forensic scrutiny with passionate commitment to justice.’
Legal 500 2016 (Top Ranked, Band 1)

The Legal 500 - The Clients Guide to Law Firms










‘Thank you so much for your tireless support for my tribunal case. Despite all the challenges, you still maintained a 'big heart'. I will forever be so grateful and would highly recommend you in the future.’
-Priscilla

'Please could you pass on my congratulations to Counsel for the fantastic result ... Really appreciate the hard work and the costs tactics, which paid dividends in the end.'
- Katherine Gibson, Legal Counsel (Employment & Litigation), Coca-Cola Enterprises Ltd.

'Thank you for everything you have done to support me throughout my hearing, I do not know how I can ever thank you enough'. 
- Christine Teague (Instructed by Trade Union )

'Miss Mallick was a true ally as well as an advocate. Her ability to manage me as a client, to be flexible, to understand what I was meaning, as well as what I was saying, even during times of extreme stress meant I was able to trust her completely, even when at my most vulnerable. This particularly is what sets Miss Mallick apart.' 
- Jeremy Ireland (Public Access Client ) 

'Thank you very much for the expert help you have given me in my case. I cant say in words how much I appreciate the help you have given me and professionalism and commitment...'
- Andrew Monday (Bar Pro Bono Client)

NOTABLE CASES

Dr Brito -Bapabulle ­v- Ealing NHS Trust [2013] EAT Langstaff J Acted for Appellant Doctor, successful on ground 3. Case has been remitted for reconsideration on the issue that ET failed to consider the misconduct in balance with her exemplary record and repercussions on her. On appeal to Court of appeal on ground 1, whether second job whilst on sick pay breach of contract to amount to gross misconduct. This case has been granted permission to appeal to the court of appeal on ground 1 and 2 by Lord Justice Rimer. The client will able to challenge the correctness of a decision where the reason for finding Gross Misconduct is not supported by underlying facts. This appeal raises an important point of whether a Doctor absent through sickness from the NHS could nevertheless work in private practice in times she would not be working at the NHS trust. To be heard in October 2014 at the court of appeal. The Respondent is represented by Jane McNeil QC.

Professor Fraser ­ v- UOL [2013] EAT preliminary hearing before Richardson J permission given to proceed to full appeal, on a number of grounds of burden of proof in race discrimination claim, failure to draw inferences, misdirection on victimisation and failure to draw inferences from RRQ. Full hearing before HH Justice Eady QC, Respondent represented by Tim Pitt-Payne QC - addressed the issue, whether the Tribunal with a multitude of discrimination allegations may go beyond the first stage of the burden of proof to look at the reasons why and whether they should consider allegations individually or as a whole. Widely reported (included by Daniel Barnett and CIPD).

Zeki Zulhayir v JJ Food Services Ltd UKEAT/0593/10/SC decision of HH J Bean - represented Claimant - Unfair Dismissal and Disability Discrimination claim allowed. Employer must invite employee to capability meeting. Reiterated Employee cannot dismiss himself. Reversed by court of appeal, LJ Rimmer describes Ms Mallick's arguments as' bold and spirited' and in referring to her arguments at the EAT that she had worked her magic'. Costs in principle were opposed on the grounds that the Appellant had a multi pound turnover and Mr Zulhayir was unemployed.

Brian Stuart v London City Airport UK/EAT/1655/11/MAA decision of HH J Cox- represented Claimant - Unfair Dismissal appeal allowed, remitted for assessment of contributory fault to dismissal and remedies In an allegation of dishonesty, the employer must consider any evidence that exculpates the Employee if there is to be a reasonable investigation. The decision of the EAT was reversed at the Court of Appeal, where Mr Tom Linden QC represented the Respondent. The Claimant is seeking permission to appeal to the Supreme Court.

Sunny Okhira v Royal Mail [2014] heard on the 8th July 2014 by HH Justice Jan Luba QC - central issue whether fair to consider fresh allegations on appeal that were posted to Appellant but did not reach him, in circumstances where he did not challenge the appeal decision.

B v Sussex Oakleaf Housing Association UKEAT/0360/13/BA heard February 2014 before President Langstaff J, permitted to proceed to Preliminary hearing. Issues of Disability Discrimination not properly examined. To be heard October 2014.

Profile Security Services v Mc Andrew and others [2014] before Lady Stacey at the Edinburgh did not permit a challenge on the grounds that ET in Dundee erred in law in considering evidence of unreasonableness of location to suitable alternative employment, not before the Employer. The matter has been appealed to the Court of Session.

Profile Security - v- McAndrew and Others [2013] Edinburgh EAT Lady Smith ­ Acted for Appellant on an appeal against a refusal to strike out a claim for non-attendance. Discussion on powers of EAT to select lead case at CMR and parties obligation to comply.

Giscomb -v- Goldfarb and others [2013] 18th December 2013 EAT hearing before President Langstaff, Respondent Counsel Mohinderpal Sethi, Victimisation allowed, on review not allowed. There is a 17-day unfair dismissal, victimisation and PID claim listed in October 2014.

Osonnaya v Queen Mary University of London UKEATPA/1207/12/SM (Employment Law Updates) Issues concerned striking out a claim for unreasonable conduct and Judicial bias (high standards required) Heard by HH J Mc Mullen, who said ' I would like to thank Ms Mallick for her attendance today and for her very succinct and clear arguments.  

XX ­v- YY [2013] Seroto QC, Acted for Appellant on appeal from ET of race discrimination claim. Respondent was represented by Clive Sheldon QC. The grounds challenged application of burden of proof and standing back to look at the claim.

Glenda Rodriquez-Noza v Abertawe NHS Trust UKEAT/0091/KN decision of HH J Richardson - represented Claimant at Rule 3 (10) hearing - proceeding to full hearing. ET failed to assess on evidence on which date the Claimant suffered from a disability, instead accepted Respondent's concession.

Giscomb v Goldfarb and others [2012] costs allocated on preliminary against an accountant bringing multiple allegations of Public Interest Disclosure, Race discriminations and victimisation. HH Justice Richardson permitted it to move forward to full hearing. Heard before HH Justice McMullen.

Jason Steen ­v- ASP Flexibles [2012] EAT Langstaff J represented client at Rule 3 (10) hearing, ground of challenge concerns failure to consider contributory fault applying the different statutory tests for basic and compensatory award.  The case was heard at a full hearing by a Panel comprising the President, Langstaff J. The Appellant was successful. Langstaff J paid tribute to Counsel's Skeleton Argument.

Dr Liz Willets v The Jennifer Trust for Spinal Muscular Atrophy UKEAT/0282/11/SM - Decision of HH Judge Peter Clarke Represented Claimant Successfully argued claim in time and effective date of termination, alternatively succeeded in argument that it was reasonably practicable to extend time because the Respondent had agreed the terminate date with the Claimant.

Lee v Home Office (EAT) [2004] All ER(D) 71 (MAY); UKEAT/0893/03/TM Race discrimination claim by Prison Officer

Kanapathiar v Harrow Parking enforcement (EAT) [2003] IRLR 571 (procedural rules) - Decision of HH Judge Burton (President) Drafted grounds and put written submissions on behalf of the Appellant to extend time for filling the grounds of appeal. The Tribunal exceeded to request for an extension on compassionate compelling basis.