5 Essex Court

Victoria von Wachter

Call 1997

Employment

Victoria’s main areas of practice are employment and discrimination law. She has successfully represented clients in both the public and private sectors. Victoria is adept at handling complex and lengthy employment law cases with special expertise in all types of discrimination and whistleblowing claims. She also advises on Trade Union recognition.

Additionally, Victoria has particular experience of Working Time Regulations, restrictive covenants, TUPE and employment status cases. She represents many police forces in employment and discrimination cases often with associated matters such as PII, RIPA and she has extensive experience of cases with national security implications.

Her advocacy work involves frequent appearances in Employment Tribunals and in the High Court. Victoria’s appellate work has included appearances in the Employment Appeal Tribunal and the Court of Appeal. Victoria is retained as employment law advisor to the one of the world’s largest brick companies as well as the world’s third largest energy company. Her advisory work spans employment, statutory interpretation and pensions.

Notable employment law cases include:

Al Tarkait v Kuwait Oil Corporation EAT 2017: Appeal by wheelchair bound employee that his dismissal was not on grounds of his disability – to be heard.

Ackleton & Others v Paynes Stores & Anor. 2016: Complex employment status/partnership dispute which was heard by the EAT and resolved in favour of employer client

Baker v Total (2016): Aberdeen expatriate allowances and bonus not tax free upon retirement

Costello v Gloucestershire County Council UKEAT/0348/14: Appeal by Claimant on grounds of subjectivity by Employment Tribunal in deciding circumstances of alleged unfair constructive dismissal.

Gloucestershire Police v Peters UKEAT0322/10/ZT: Reversal of the REJ’s decision to decline an application by the Police to stay ET proceedings, pending the conclusion of a criminal investigation that involved overlapping and common factual material. EAT judge’s (HHJ Ansell) decision was based on consideration of the possibility of a fair trial and weighing the balance of prejudice to both parties.

Gilbert v Kent Police Ashford Employment Tribunal 1102062/2008 March 2010: Disability claim concerning dysphonia.

Victoria lectures extensively both to solicitors, operations managers and HR representatives on a wide range of employment law topics. Recent seminars include:

  • Employment Law for Operational Managers
  • Employment Law for HR Managers
  • Mock Tribunals for solicitors, operational and HR staff
  • Equal Opportunities for Operational Managers
  • Unlawful Discrimination of all kinds
  • Transfer of Undertakings – The New Regulations
  • Computer Use in the Workplace
  • ‘Fireside Chat’ DVD on retirement with Daniel Barnett

Victoria also provides training in related management topics such as recruitment, appraisal and disciplinary interviewing which include a familiarization with the legal principles involved.

Victoria also writes regularly on employment matters in a variety of publications including the New Law Journal.