Mugni Islam-Choudhury

Viewing: Employment for Mugni Islam-Choudhury

"He is intelligent and has good judgement about where the merits of the case lie." "A robust advocate. Clients enjoy working with him as he's very personable." Chambers UK 2019
‘An energetic and persuasive advocate.’ Legal 500 2019
Mugni is currently Head of the Employment Group of 32 barristers at No5.
Mugni is an experienced employment law specialist who has conducted employment-related hearings in the ET, EAT and civil courts for over 20 years. Mugni is a firm believer in client care and takes time to understand the needs of the client.
He is a specialist in complex and/or technical areas of law in employment litigation and has particular interest and expertise in dealing with high value claims or complex matters in the field of TUPE, discrimination, equal pay, interim relief, whistleblowing and/or where there is a High Court connection (e.g. injunctive relief involving confidentiality breaches or in doctors’ disciplinary hearings). He has appeared against or alongside leading employment silks.
Mugni is currently Vice Chair of the Birmingham Law Society Employment Law Committee.
Investigations
Recently, Mugni has been appointed as investigator in a number of whistleblowing complaints and grievances. He has also chaired Appeal Panels for universities under their specific Statutes.
Interim Relief
Mugni has successfully appeared in applications for interim relief.
Private Sector
Mugni appears regularly for a number of FTSE100 and FTSE250 clients that are household names. His wider practice also includes acting for airlines, aerospace and engineering, banks and professional services businesses such as accountancy and law firms.
He is also experienced in representing employers who wish to protect themselves from their departing employees trying to poach their business, and appears in the High Court on restrictive covenant injunction cases.
NHS/Health Sector
Mugni has built up an extensive knowledge over the last 15 years of the workings of the NHS/health sector, acting for a whole range of acute trusts, FTs, mental health trusts, and CSUs and CCGs. He has experience dealing with:
- Complex whistle-blowing claims – this represents the bulk of Mugni’s ET work
- Doctors’ disciplinaries (MHPS)
- Agenda for Change issues
- Professional misconduct of other healthcare staff and/or relating to Serious Untoward Incidents.
- TUPE issues arising from commissioning decisions.
Local Government, Education and NDPBs
Mugni is familiar with the specific needs of NDPBs and local authority clients (particularly in respect of schools) and the complex legislative framework in which they operate. He has many years of experience in acting in discrimination or whistleblowing claims for such clients, but also has experience in acting in niche areas by providing:
- Advice and representation in termination of employment of senior officers (e.g. Chief Executive or Finance Director) due to gross misconduct, under the Local Authorities (Standing Orders) Regulations 1993 (SI 1993/202).
- Advice and representation on career loss claims brought by senior employees.
- Advice and representation on transfer of liabilities relating to staff transferring when a maintained school converts to academy status, under TUPE and/or the Academy Act 2010 (as amended) upon dissolution of the governing body.
- Advice and representation for local authorities providing shared HR and/or legal services under SLAs to other public bodies such as the police.
Testimonials
"Mugni is brilliant to work with, he really binds the team at tribunal together. He has been excellent throughout a difficult hearing.” Peter England, HR Director, Biofocus UK Ltd.
"My experience of Mugni handling one of our complex TUPE claims was very positive. His advice explored all angles and risks, and the quality of his advocacy was first class.” Ian Collier, CEO, Premier Manufacturing, part of the Voigt Group.
"Mugni was a great advocate and cross examiner in a complex employment tribunal case which we won with a unanimous verdict from the panel. His preparation was exemplary and he was a great attorney to have on your side.” – Nicholas Finney OBE, Commissioner at Independent Transport Commission.
‘Mugni is a top class advocate. He gets into the detail very quickly, and is able to identify the key issues. He is also quick to build a rapport with clients and put them at ease.’ - David Beswick, Partner and Head of Birmingham Office, Eversheds LLP.
"Mugni is a barrister who can see the whole picture yet able to focus on the key issue to resolve issues in an efficient and cost effective manner.” – Vaikunthan Rajaratnam, Consultant Hand Surgeon, UB, NHS Foundation Trust
"Mugni was always on top of his brief and, unlike some employment lawyers, able to frame his advice around his client's commercial needs. The client feedback I had about his advice and client service was always first rate and I recommend his work wholeheartedly. He's also a pleasure to work with and a technically very strong lawyer.” – Stuart Whitfield, Chief Executive, Bevan Brittan LLP
Recommendations
"He is intelligent and has good judgement about where the merits of the case lie." "A robust advocate. Clients enjoy working with him as he's very personable."
Chambers UK 2019
‘An energetic and persuasive advocate.’
Legal 500 2019
"He gets to grips with the facts quickly and makes witnesses feel at ease." "He is extremely good with cross-examination, recognising things as they are moving forward and managing client expectations."
Chambers UK, 2016
"Mugni is brilliant to work with, he really binds the team at tribunal together. He has been excellent throughout a difficult hearing.”
Peter England, HR Director, Biofocus UK Ltd
"My experience of Mugni handling one of our complex TUPE claims was very positive. His advice explored all angles and risks, and the quality of his advocacy was first class.”
Ian Collier, CEO, Premier Manufacturing, part of the Voigt Group
"Mugni was a great advocate and cross examiner in a complex employment tribunal case which we won with a unanimous verdict from the panel. His preparation was exemplary and he was a great attorney to have on your side.”
Nicholas Finney OBE, Commissioner at Independent Transport Commission
"Mugni provides clear and effective professional advice with the focus on the business needs of his clients. He is a good communicator and enjoyable to work with.”
Charlie Millard, Director, M Moser Associates
‘Mugni is a top class advocate. He gets into the detail very quickly, and is able to identify the key issues. He is also quick to build a rapport with clients and put them at ease.’
David Beswick, Partner and Head of Birmingham Office, Eversheds LLP
'Mugni has been instructed by myself and colleagues in complex discrimination claims against public bodies. He has provided sound advice in a helpful and pleasant manner and has been well liked by clients. He is highly regarded as an advocate.'
Kate Levy, Employment Solicitor, Warwickshire County Council
"Mugni is a barrister who can see the whole picture yet able to focus on the key issue to resolve issues in an efficient and cost effective manner.”
Vaikunthan Rajaratnam, Consultant Hand Surgeon, UB, NHS Foundation Trust
Notable Cases
Court of Appeal and EAT Cases:
Dr Srivatsa v Sec of State for Health and another [2018] EWCA Civ 936 (CA
acting for the second respondent, now the leading authority in respect of estoppel when a claim has been withdrawn in the tribunal and re-started in the High Court.
Ramloga v Dimension Ltd (2018) (CA)
successfully acting for employer in an appeal about admitting fresh evidence.
Singh v Glass Express Ltd (2108) (EAT)
correct test for nil award for contributory fault and/or Polkey.
Lee v S Warwickshire NHS FT (2018) (EAT)
correct test for finding discrimination when a discriminatory reference is received.
Nissa v Waverley Foundation (2018) (EAT)
correct test for definition of disability for undiagnosed impairments.
Portsmouth Hospital v Corbin (2017) (EAT)
correct test for wrongful dismissal and contributory fault.
Farmah & Others v Birmingham City Council (2016) EAT
leading authority on procedure for multiple claimants using single ET1 claim form – leave to appeal to Court of Appeal has been granted.
Brito-Babpulle v Isle of Wight NHS (2016) (EAT)
correct test for causation for detriment in a whistleblowing claim.
Practice Surgeries v Dr Srivatsa (2016) (EAT)
correct test for dismissing proceedings upon withdrawal.
Dr Simawi v Barking Havering and Redbridge NHS Trust (2015) EAT
correct test for indirect race discrimination re qualifications to apply for a post.
ET Cases:
Dr FB Babapulle v Isle of Wight NHS Trust (2015) ET
successfully representing this NHS trust against a whistleblowing claim brought by a consultant haematologist.
Ford v Coventry & Warwickshire NHS Trust (2015) ET
successfully represented the NHS Trust in a whistleblowing claim brought by a psychiatric nurse who alleged that children were being regularly misdiagnosed with psychiatric conditions and patient records were regularly being lost.
Maiara-Kiande v Lloyds Register (2015) ET
successfully represented this City institution in a "sex in the City” discrimination complaint that got wide press coverage.
Howes v Buckinghamshire County Council and Carter Jonas (2015) ET
acting for second respondent, successfully argued that claimant was not an employee so that TUPE did not apply in a tripartite agency arrangement.
Adkins v Autolease (2017) ET
representing the employer in this worker status claim involving a large number of self employed contractors – ET found not employees, but workers.
Overson-Lowe v Birmingham Airport (2018) ET
acting for the airport in an indirect discrimination claim brought by 5 security employees when their shift patterns were changed.
Nagaraja v University Hospital Coventry & Warwickshire (2018) ET
successfully appearing for the trust in defending a whistleblowing claim brought by a consultant pathologist.
Professor Pitcher v University of Oxford (2018) ET
acting for the employee in a test case challenging the lawfulness of the University’s retirement policy applicable to about 5000 employees.
High Court and Injunction Cases:
Dr S v (1) Secretary of State for Health and (2) TP plc (2016) High Court
acting for the Second Defendant in this breach of contract and conspiracy claim brought by an employed GP investigated for sexual assaults on patients, whose contract we say did not transfer to the Second Defendant under TUPE when the GP surgery was taken over by the client from the PCT.
MC Ltd v DL ltd and SS (2015) High Court
acting for claimant company, and obtaining a springboard injunction to prevent the abuse of confidential information re: pricing models that would have put a 5m contract at risk, as re-tender was imminent.
CD Ltd v L and others (2015) High Court
obtaining interim and final injunctions and damages and costs for claimant company where 5 senior employees had set up a shadow company and made secret profits.
Drs A & B v CD NHS Trust (2014) High Court
advising on merits and drafting application for an injunction for 2 consultant surgeons seeking to challenge an internal investigation of poor clinical outcomes in their department as being a breach of MHPS - as my advice was that merits were poor, no application issued.
A & B v WCL (2014) High Court
successfully obtaining a spring board injunction against two former employees of a recruitment consultancy who had stolen the client’s database and set up a competing business.

Latest News & Publications

An employment tribunal ruling could affect the employment rights of thousands of peripatetic music teachers across the UK....

Date: Mon, 11 Mar 2019