Kashif Ali

Kashif Ali - Barrister at St John's Buildings

Email: clerk@stjohnsbuildings.co.uk

Phone: 0161 214 1500

Year of call: 2003

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Kashif is an experienced Employment Law Barrister and has been at St John’s Buildings since January 2005, before which he worked briefly as a Law Clerk at the Office of the Prosecutor of the International Criminal Court in The Hague and completed pupillage at 2 Harcourt Buildings in London. He studied Law at the University of Oxford before undertaking a Masters in Law at the University of Cambridge.

Expertise

  • Employment

    Kashif regularly acts for both respondents and claimants. He has extensive experience of difficult unfair dismissal claims and discrimination and whistleblowing claims.

    Additionally he has been instructed in many hearings involving difficult preliminary issues concerning time limits, employment status, strike-out and deposit applications, and review hearings.

    Kashif has significant experience in negotiation, and has represented parties effectively in mediations, including the ET Judicial Mediation Scheme.  He is a fully trained Mediator and can be instructed to help resolve employment disputes between parties.

    Kashif accepts public access instructions in employment law matters for the purposes of advising and representing clients at trials and hearings.

    Appeal Cases

    McGregor v Lancashire County Council [UKEATPA/0958/18/JOJ, Laing J]: Representing the Respondent in a case challenging the quantum award in a discrimination claim.

    Hargreaves v The Governing Body of Manchester Grammar School [UKEAT/0048/18/DA, HHJ Eady QC]: Representing the Respondent in a case challenging a fair dismissal finding and concerning the issue of obtaining witness evidence.

    Tunstall Group Holdings Limited v (1) Trela (2) Javaid [UKEAT/0171/17/DA]: Representing the Claimant in a case concerning the correct interpretation of a contractual bonus scheme.

    F v (1) G (2) H [UKEAT/0047/17/JOJ, HHJ Richardson]: Representing the Claimant in her appeal against the findings of the Employment Tribunal on her reasonable adjustments claim.

    Elmore v (1) Governing Body Of Darland High School (2) Wrexham County BC [UKEAT/0209/16/DM, Simler J DBE (President)]: Representing the Respondent in an appeal on whether in the absence of a reasoned appeal decision or evidence from a member of the appeal panel, the Employment Tribunal was entitled to infer that the appeal panel upheld a capability dismissal for the same reasons as those relied on by the capability panel itself.

    Hughes & Others v GMB & Others (Unreported 06/09/11, EAT, Richmond J); Hughes & Others v GMB & Others (Unreported 04/06/09, EAT, HHJ Peter Clark); and Hughes & Others v GMB & Others (Unreported 02/08/06, EAT, Elias J): These EAT appeals and numerous related hearings arose from representing three former branch secretaries of the GMB Union in their complex claims against the GMB union and others for unfair dismissal, whistleblowing and sex discrimination.

    Chouafi v London United Busways Ltd [2006] EWCA Civ 689: Representing the Claimant in the Court of Appeal in an appeal from a preliminary hearing concerning the extension of the three-month time limit for bringing a claim.

    Tribunal Cases

    Kashif has considerable experience of claims in the education sector:

    Jungeling v Academies Enterprise Trust (2016): Represented a Learning Support Assistant in a 5 day disability discrimination and constructive unfair dismissal trial brought against a School in the East London Employment Tribunal.

    Walker v Brookfields Community School (2016): Represented the Respondent School in a 7 day complex whistleblowing, disability discrimination and constructive unfair dismissal trial brought by a school teacher in the East Midlands Employment Tribunal.

    Elmore v (1) Governing Body Of Darland High School (2) Wrexham County BC (2016): A 3 day trial in the Cardiff Employment Tribunal (sitting in Wrexham) representing the Respondent in an unfair dismissal “local test case” where a school teacher had been dismissed on grounds of lack of capability.

    More particularly Kashif has represented respondent schools and local authorities in a number of unfair dismissal claims where a teacher or staff member was dismissed for using physical force to manage a school pupil.

    Thomas v The Governing Body Of St Anne’s Voluntary Aided Primary School (2019) in the Manchester Employment Tribunal

    Hargreaves v The Governing Body Of Manchester Grammar School (2017) in the Manchester Employment Tribunal

    Spedding v (1) Governing Body Of The Rose School (2) Lancashire County Council (2016) in the Manchester Employment Tribunal

    Moorhouse v (1) Governing Body Of Norden High School (2) Lancashire County Council (2014) in the Manchester Employment Tribunal

    Thornton v (1) Governing Body Of The Skerton Community High School (2) Lancashire County Council (2013) in the Manchester Employment Tribunal.

    Police Cases

    Kashif is often instructed to act in cases involving police forces:

    Awan v Chief Constable of Greater Manchester Police (2015): A 15-day trial in the Manchester Employment Tribunal representing the Respondent Police Force in a complex race discrimination trial.

    Reynolds v Police and Crime Commissioner for Greater Manchester Police (2015): Representing the Respondent Police Force in a four-day whistleblowing and unfair dismissal claim in the Manchester Employment Tribunal.

    Moonesamy v Leicestershire Police (2014): Representing the Claimant in a five-day disability discrimination trial in the Leicester Employment Tribunal.

    Other cases of interest include:

    Piotrowska v Cheltenham & Gloucester Omnibus Co Ltd (2017): A 5 day trial in the Bristol Employment Tribunal representing the Respondent in a claim involving serious sexual abuse and harassment allegations.

    McColl v Denbighshire County Council (2014): A trial in the Cardiff Employment Tribunal (sitting in Wrexham) representing the Respondent in an unfair dismissal claim where an employee claimed he had been unfairly dismissed following serious sexual abuse allegations against him by a vulnerable adult.

    Hussain v (1) Linklaters (2) Bayat (2013): In the Central London Employment Tribunal at a five-day trial representing a paralegal in his claim against a magic circle law firm alleging constructive unfair dismissal, discrimination on grounds of race and religion and detriment for whistleblowing. Reported in Legal Week and The Lawyer.

    Nikiel-Wolski v Burton’s Foods Limited [2013] EqLR 192: A preliminary hearing in the Manchester Employment Tribunal on whether a very strong belief in personal freedom and privacy, respect for personal property, freedom from authoritarianism including in the workplace, and respect for human rights and human dignity constituted a ‘belief’ within the meaning of section 10 of the Equality Act 2010.

    Baladi v Leicestershire Partnership NHS Trust (2012): A five-day trial in Leicester Employment Tribunal representing a District Nurse in a complex unfair dismissal and breach of contract case against the NHS Trust she worked for.

    Snodgrass v Lothian NHS Board (2012): The determination at a two-day hearing in Edinburgh Employment Tribunal of whether a person operating a day-care nursery for staff from hospital premises was an ‘employee’ of that hospital NHS Trust for the purposes of section 230(1) of the Employment Rights Act 1996.

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  • ADR and Mediation

    Kashif is a trained mediator.  He is able to act in facilitative mediations.  He was recently successfully involved as a mediator in a difficult multi-track multi-party disability discrimination claim where a successful outcome was achieved.

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  • Public Access

    Kashif is accredited to receive instructions directly from members of the public through the Public Access Scheme.

    Click here to view our Public Access pages and details of the process for instructing public access accredited barristers.

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