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Barristers

Sarah Ismail

Position

Employment
Sarah is listed in the Legal 500 as a Rising Star in employment law. She has a nationwide practice representing Claimants and Respondents in England, Wales and Scotland covering all areas of employment and discrimination law. Her client base is diverse and includes trade unions, private individuals, NHS Trusts, businesses, private health care providers and local authorities. She regularly advises on liability in employment disputes and welcomes instructions to draft pleadings.

Recent cases include:

  • Successfully defending Citizens Advice Gateshead in a 6-day hearing against 10 claims of direct race discrimination and harassment related to race, and one claim of victimisation. The Tribunal found that the claims were wholly without merit. Further details here.
  • Defending a care company against claims of unfair dismissal, historic sexual harassment and failure to make reasonable adjustments. The claim was brought by a care assistant who was dismissed after she was charged with murder and named in the press in relation to the charge. Further details here.
  • Successfully representing a Policy Advisor at a multi-day hearing for discrimination claims against the Department for Education. Further details here.
  • Defending a Respondent in a 5-day hearing against allegations of unfair dismissal, wrongful dismissal, holiday pay, unauthorised deduction of wages and breach of contract. A finding of unfair dismissal was made however the Judge made a 100% deduction to compensation due to the Claimant’s severe misconduct. The remaining claims were dismissed.
  • Successfully securing protective awards for 40+ Claimants due to the Respondent’s failure to collectively consult on redundancy contrary to section 188 TULRCA 1992.
  • Defending a fashion designer in a 6-day hearing against allegations of unfair dismissal, automatic unfair dismissal, maternity discrimination, victimisation and wrongful dismissal. The case involved deciding whether to depart from any retained EU case law by virtue of section 6(4)(ba) of the European Union (Withdrawal) Act 2018.

Professional Discipline/Regulatory
Sarah accepts instructions in professional regulatory matters and represents professionals at fitness to practise hearings in England and Scotland. Recent cases include:

  • Successfully representing a care worker in a 5-day fitness to practise hearing before the Scottish Social Services Council (SSSC). Charges were proven against the worker, including a charge of dishonesty, however the Panel were persuaded that a finding of impairment does not automatically fall from a finding of dishonesty and the case against the worker was dismissed.
  • Successfully representing a nurse in a 14-day hearing at the Nursing and Midwifery Council (NMC). The nurse faced charges of verbal and physical abuse against a schizophrenic patient dating back to 2013. Sarah made a successful submission of no case to answer in respect of one charge and the Panel found the remaining charges unproven in their entirety.

Business & Property
Sarah accepts instructions in a wide range of business and property matters. Her areas of practice include:

  • Contractual disputes
  • Contempt proceedings
  • Commercial landlord and tenant disputes
  • Injunctions (High Court and County Court)
  • Misrepresentation
  • Interim applications
  • Real property disputes
  • Claims under the Consumer Credit Act 1974

Housing
Sarah accepts instructions in all housing matters. Sarah is regularly instructed to draft pleadings and has experience bringing and resisting Equality Act 2010 and Human Rights Act 1998 claims. Sarah has particular experience advising and defending public and private landlords faced with allegations of housing disrepair. She also has experience in:

  • Statutory nuisance (EPA 1990) prosecutions
  • Possession trials
  • Allocation hearings
  • Anti-Social Behaviour
  • Injunctions
  • Interim Applications
  • Homelessness
  • Unlawful eviction

EDUCATION

  • BPP University, LLM Legal Practice Course (Barristers) (Distinction)
  • BPP University, Graduate Diploma in Law (Commendation)
  • University of Huddersfield, English Literature with Creative Writing BA (First Class)

AWARDS

  • Dere Street Barristers Employment Law Prize (for achieving the highest Employment Law grade on the BPTC) (2018)
  • Leeds Medico-Legal Society Personal Injury and Clinical Negligence Prize (for achieving the highest PICN grade on the BPTC) (2018)
  • Internship Award, Inner Temple (2018)
  • Sir Joseph Priestley Award, Inner Temple (2018)
  • BPP Award for Outstanding Contribution to Pro Bono (2018)
  • BPP Advocacy Award (2017)
  • BPP Excellence Award (2017)
  • The Spirit of the Humanities Award, University of Huddersfield (2016)
  • Exhibition Award, Inner Temple (2016)

MEMBERSHIPS

  • Employment Lawyers Association (ELA)
  • The Honourable Society of the Inner Temple

Mentions

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