Viewing: Employment for Changez Khan

Overview
Changez practises in employment and discrimination law with a particular interest in cross-over commercial/employment disputes. The Legal 500 singles him out for his “calm and thorough“ approach and his ability to build empathy for his clients’ cases.
In addition to ET work, Changez has appeared in the Court of Appeal (3 times), the EAT (6 times) and the High Court (numerous times). He is appointed to the Attorney General’s London B panel.
Sectors
Changez is experienced across a range of public and private sectors including:
- Professional services: he has represented accountants, lawyers and FCA-approved persons who exercise “controlled functions“. These have involved subconscious race/age/disability discrimination; whistleblowing; or professional misconduct.
- Schools and social care: Changez handles sensitive cases where there is a tension between employment rights, safeguarding duties and the broader regulatory framework (Disclosure Barring Service/Teachers’ Regulation Authority).
- Universities: Changez understands how university statutes and internal HR policies operate alongside employment law principles. He has acted for or against several universities, including: Anglia Ruskin, Cambridge, London Metropolitan and Newcastle.
Commercial-employment
In commercial-employment cases Changez offers a seamless service across the ET and High Court jurisdictions. He helps clients to identify and formulate their best claims, then pursue them in the right forum. His specific experience includes:
- Civil claims for breach of contract: Changez advises senior executives on service agreements including discretionary bonus and severance pay claims.
- Restrictive covenants: he is known for his swift work under pressure in business protection cases. In a recent case over stolen client lists, Changez secured an interim injunction followed by damages and an order for committal.
- Directors’ duties: Changez has succeeded in cases involving breach of the no-conflict duty (s.175 Companies Act 2006) and client poaching.
- Shareholders’ rights: Changez has advised in relation to unfair prejudice (s.994), valuation disputes, minority discounts and “bad leaver” provisions in a company’s articles.
In appropriate cases, Changez accepts instructions on a direct access basis.
Recommendations
"Changez uses his obvious intellect to the great benefit of clients. He quickly identifies the nub of an issue, and is able to articulate his argument in a concise and persuasive, winning style. Clients, both employers and employees, seldom fail to comment on his friendly, focused and professional manner. He is able to break the ice quickly and provide the reassurance clients need that they are being represented by counsel who is able and astute."
Legal 500 2023
Notable Cases
COURT OF APPEAL
Base Childrenswear Ltd v Otshudi [2019] EWCA Civ 1648
Race discrimination and shifting burden of proof; inferring a prima facie case from marginal evidence.
Morris v Metrolink RATP Dev Ltd [2018] EWCA Civ 1358
Trade union discrimination; ambit of s.152 TULRCA 1992; successful in overturning EAT’s decision on appeal.
R and R Plant Hire v Bailey [2012] EWCA Civ 410
Age discrimination; compulsory retirement at 65; interpretation of employer’s duties under the Employment Equality (Age) Regulations 2006.
COMMERCIAL-EMPLOYMENT
Re A Property Company
Senior exit; interplay between wrongful dismissal, unfair dismissal, share options and “bad leaver” provisions in company’s articles.
Re A Technology Company
Team move and springboard injunction; sales staff resigned en masse to join competitor.
Solitair Ltd v Nambiar and Go Singles Ltd [2021] EWHC 49 (Comm)
Business protection; theft of customer lists and diversion of business opportunity by rogue director (s.175 CA 2006); interim injunction, damages and a committal order for contempt of court.
Re Icon College of Technology and Management Ltd [2017] EWHC 3177 and [2019] EWHC 1826 (Ch)
Parallel ET/ High Court claims; business co-founder ousted from joint venture; obtained (1) damages for unfair dismissal in ET; (2) a freezing order over company assets in High Court; and (3) damages for missed dividends and shareholding; 7-figure settlement.
Re Oracle Finance Ltd
Non-solicitation and non-dealing covenants; breach by a departing sales employee; poaching clients using LinkedIn.
PROFESSIONAL SERVICES
Spragg v Richemont (UK) Ltd
Subconscious race discrimination; Black accountant consistently overlooked for promotion; glass ceiling culture proven.
Re Dart Capital Ltd
Defending wealth management company; claims for constructive dismissal and age discrimination brought by departing director.
K v BearingPoint Ltd
Claims for race and religious discrimination by management consultant.
Hurst v Department for International Trade
Discrimination on grounds of perceived autistic personality.
SCHOOLS AND SOCIAL CARE
Dee v Suffolk County Council UKEAT/0180/18/BA
Dismissal of headteacher for gross misconduct; use of physical restraint on a pupil.
Eason v Cuckoo Hall Academies Trust
Race discrimination; defending multi-academy trust.
Katsere v Cambian Childcare Ltd
Unfair dismissal and race discrimination; use of physical restraint in care home.
UNIVERSITIES
ST v University of Cambridge
Alleged misconduct in academic research.
Sarsby v Anglia Ruskin University
Successful defence of university; unfair dismissal claim brought by Head of Faculty (Engineering/ Built Environment).
AS v University of Newcastle
Disability discrimination; neurodivergent claimant; alleged failure to make reasonable adjustments.
Sivva v London Metropolitan University
Race and disability discrimination claims by lecturer.
Appointments
Attorney General’s panel of counsel – London B panel
Awards
Clifford Chance prize for outstanding performance. King’s College, London
Lord Denning scholarship, Hardwick entrance award and Levitt award. Lincoln’s Inn
Memberships
Discrimination Law Association (Executive Committee)
Employment Bar Association
Employment Lawyers Association
London Common Law and Commercial Bar Association
Qualifications

Languages

  • French including legal French: fluent
  • Urdu: basic
LLB English and French Law: King’s College, London
Maitrise en droits francais et anglais Sorbonne Universite, Paris I
LLM: King’s College, London
BVC: College of Law
Press and Articles
Neurodiverse employees: “don’t ask, don’t tell?”
ELA Briefing, November 2019: “Lies, damned lies and discrimination: Base Childrenswear Ltd v Otshudi”
The Times, 7th November 2018: “Luxury goods giant Richemont UK spied on black worker it discriminated against”
ELA Briefing, July 2018: “Morris v Metrolink: trade union activity and confidential data”

Latest News & Publications

No5's Changez Khan successfully acted for Sonia Warner, a civil servant, who brought claims for unconscious race discrimination...

Date: Tue, 30 Nov 2021
Workplace vaccination continues to be a touchy subject...

Date: Tue, 05 Oct 2021
Workplace vaccination is a hot potato. Many employers want to know whether they can or should adopt...

Date: Thu, 16 Sep 2021