Naomi Gyane

Naomi has a diverse employment practice advising companies, individuals and local authorities on all aspects of employment law, discrimination, whistleblowing and contractual disputes.

Businesses and Local Authorities regularly instruct Naomi at Final Hearings and to draft clear and compliant employment contracts and HR policies. She provides bespoke employment training to solicitors, HR staff and managers and undertakes grievance investigations. Her experience is invaluable to employers particularly Local Authorities who instruct her to provide robust advice and effective representation in Tribunals.

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.

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, litigation strategy, quantum and settlement packages.

Naomi also drafts grievances, pleadings, interim relief applications, strike-out applications, schedules of loss and witness statements for final hearings.

Selected cases

• Tokarczyk v Portico Property Limited: Successfully represented Portico Property in which the Tribunal unanimously dismissed all claims brought by the Claimant.
• Aabe v (1) Happy Care Limited (2) Axmed Carab (3) Ahmed Ibrahim: Successful represented the Claimant who was a Director ousted by two of the remaining Directors after she whistleblew. The Claimant was successful in claims for religious discrimination, sexual harassment, whistleblowing detriment and automatic unfair dismissal etc. Naomi was also successful in obtaining a Tribunal order that the Respondents’ pay the entirety of the Claimant’s costs c. £67,000 (subject to detailed assessment).
• XY v An Investment Bank: Represented an Associate Director with a portfolio worth c. £118 million who was dismissed for alleged FCA and CISI breaches. Case settled on favourable terms.
• Allington v Grange Rose Hill: Successfully represented the Claimant in her claim for indirect age discrimination and unfair dismissal. The Claimant was awarded over £140,000 in compensation.
• A v R1 & R2: Successfully represented the Respondents defending claims of employee status, sex and sexual orientation discrimination, sexual harassment, whistleblowing detriment, automatic unfair dismissal, and indirect discrimination. Naomi also secured for the Respondents lifelong anonymity orders, reporting restrictions and £9,000 in costs against the Claimant.
• A Company Client: Naomi provided ongoing advice to a large enterprise with over 10,000 employees on their appropriate response to the Coronavirus pandemic. During the first wave, she advised on the impact on their workforce, their legal obligations therein under the Equality Act 2010 and Employment Rights Act 2010. Thereafter, she has advised on the approach to furlough selection, Vaccine hesitation, procedures for collective redundancies and redeployment.
• C v R1: Represented the Respondent 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. Claimant withdrew.
• B v R1, R2 & R3: represented the Claimant in this claim for automatic unfair dismissal. Drafted interim relief application to ensure she continued to receive pay until the determination of the complaint. Case settled.
• 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.
• 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.’’

Investigations

Naomi is instructed to advise on redundancy matters, disciplinary matters, grievances and carry out independent investigations . Due to her experience advising on redundancy situations and undertaking independent Grievances and Disciplinary investigations she regularly advises Companies and individual employees on fair approaches to internal procedures. Naomi also receives instructions to Chair Grievances and Grievance Appeals where an external and independent decision-maker is required.

Notable matters:

• Disciplinary investigation: instructed by a Global multi-national company to advise on their disciplinary process including adjustments to the process for a neuro-diverse employee.
• Disciplinary investigation: Instructed by a Senior Manager to advise on approach to Disciplinary Hearing relating to matters amounting to gross misconduct and alleged sexual misconduct.
• Grievance Investigation: Instructed as Independent investigator to investigate whistleblowing allegations relating to a risk of corporate manslaughter and a Grievance against the Chief Executive. Investigation involved interviews with the complainant, the Chief Executive, Statutory Officers and members of the leadership team. Naomi’s findings and recommendations were accepted by the Leader of the Council.
• Grievance Appeal Chair: Engaged as Independent Grievance Appeal Chair. Employee alleged racial microaggressions by Senior Vice-President.
• Grievance Chair: Appointed to investigate complaint against Head Teacher.
• Parallel Grievance and Disciplinary procedures: Instructed to advise a Local Authority on the approach to cross-complaints and parallel internal Grievance, Sickness and Disciplinary procedures.