Naomi Gyane - Employment and Discrimination

Naomi Gyane - Employment and Discrimination profile

Naomi currently has a diverse employment practice advising companies, individuals and Local Authorities on all aspects of employment law, discrimination, contractual disputes and whistleblowing. She has a busy practice because clients usually instruct her early, and pre-litigation but her strength is undoubtedly in court room advocacy and presentation and she therefore welcomes instructions at any stage of litigation. 

Naomi’s employment practice covers the full range of employment issues whether it relates to internal employee management, subject access requests, settlement agreements, dismissals or Tribunal litigation. Her expertise are particularly sought for discrimination claims, contractual disputes and whistleblowing claims.

Naomi represents both Claimants and Respondents and has represented in complaints of discrimination and harassment on the grounds of / related to sex, race, age, disability, sexual orientation and religion. She has represented in victimisation claims, unfair and automatically unfair dismissals, whistleblowing detriments and TUPE transfers.

Businesses and Local Authorities also regularly instruct Naomi at Final Hearings and to draft clear and compliant employment contracts and Employment policies and procedures. She provides bespoke employment training to solicitors, HR staff and managers and also undertakes grievance investigations when needed. Her experience is invaluable to employers particularly Local Authorities who instruct her to provide robust advice and effective representation in Tribunals.
Many clients and insurance providers find it useful to obtain written advice on prospects and quantum. Due to her experience representing both Claimants and Respondents, Naomi is regularly instructed to provide Opinions on merits, disclosure, strategy and quantum.
Naomi also regularly drafts grievances, court pleadings, schedules of loss and statements for final hearings. She is keen to continue to receive instructions for this type of work.

Recent cases include: 

•   Class Action v A Care Home - Currently representing 45 employees alleging sham redundancies, wrongful dismissal and unauthorised deductions from wages. 

•    A v A Family - Represented a family sued for alleged unfair dismissal, wages act breaches and breach of the working time regulations. The Claimant, alleged she had been brought to the country as a domestic help and had been mistreated. The case dealt with interesting issues regarding the Modern Slavery Act 2015, immigration, the extent of employment procedures in familial contexts, quantum assessments in light of deductions for accommodation and securing live-link evidence from witnesses based internationally.

•    Schlei v Knightsbridge Kindergarten – Naomi successfully represented the Claimant in this claim for unfair dismissal and wrongful dismissal. The case dealt with the test set out in BHS v Burchill regarding conduct dismissals and whether the Claimant had endangered children in her care.

•    ​Rawlins v LB Wandsworth - Successfully represented the Respondent against claims of race discrimination spanning several years, and automatic unfair dismissal due to whistle-blowing and/or Trade Union activities. 

•    B v A Nursery Advisory support to a Respondent wishing to avoid litigation and publicity. Advice centred on Case strategy, quantum and incentivising the Claimant to consider settlement without them paying over and above the realistic Quantum of the case. 

•    Marangoh v Keir MG Ltd – Naomi successfully represented the Claimant who was employed as an Assistant Quantity Surveyor. The Claimant had complained of 11 incidents of race and age discrimination. He complained that he was subsequently dismissed due to his age and race. After a multi-day Tribunal hearing at the London South Employment Tribunal, the Tribunal unanimously ruled in favour of the Claimant. They held that he had suffered direct race and age discrimination in the majority of the instances complained about and had been dismissed on the basis of his race and age. The trial involved the analysis of raw spreadsheet data, statistics, as well as the Employer’s disciplinary and probationary procedures.

•    North v Alpha LSG Ltd – Naomi successfully represented the Claimant in his claims for indirect disability discrimination, discrimination arising from a disability and a failure to make reasonable adjustments. The Claimant also succeeded in his claim for unfair dismissal and wrongful dismissal. It was alleged that the Claimant had falsified his hours in order to obtain financial gain and was therefore dismissed fairly. The Tribunal rejected this assertion and stated that ‘the Claimant’s Counsel’s analysis of the hours worked over those weeks, and that they show him [the Claimant] working at least 40 hours per week, is fatal to the respondent’s case.’

With mandatory engagement with ACAS conciliators and the welcomed revocation of Tribunal fees, Naomi is equally happy to assist clients in obtaining the best settlement outcome, be it through mediation or traditional forms of negotiation. She is repeatedly instructed to draft and advise on compromise agreements, COT3s and termination packages as an alternative to litigation.
 

Contact

Overview

Year of call: 2010
Appointments:
  • The Mary Ward Legal Centre
  • Free Representation Unit (FRU)
Areas of specialism:
  • Criminal
  • Employment and Discrimination
  • Family Finance
  • Inquests and Inquiries
  • Personal Injury and Clinical Negligence
  • Public Access and Direct Access
  • Regulatory and Disciplinary
  • Transport Law
Qualifications:
  • The City Law School – Bar Vocational Course (2009-2010)
  • City University, London – LLB law (2006- 2009)
Professional associations:
  • Member of ELBA
  • Member of the Southern Eastern and Western Circuit
  • Association of Regulatory & Disciplinary Lawyers (ARDL)
Professional activities:
  • Best Young Advocate Award – The City Law School 2010
  • Major Scholar of The Honourable Society of the Inner Temple (2009)
  • Duke of Edinburgh Entrance Award (2009)
Outside Interests:
  • Away from the Courtroom, Naomi is an avid sportswoman having played netball for fifteen years. For the last three years, she has been elected captain of her Netball team only recently declining another season, fearing autocracy may replace the fun!
  • Naomi also makes time to volunteer at her local Foodbank and also at the Mary Ward Legal Centre which provides pro bono legal advice to those on little or no income.