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LinkedIn Profile

Practice Areas

  • EMPLOYMENT LAW
  • OTHER SPECIALISMS
  • POLICE LAW
  • PUBLIC / ADMINISTRATIVE LAW

Victoria von Wachter

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YEAR OF CALL: 1997

“The clients love her and the way she interacts with them. She has a concise grasp of the law and is able to get things across to them.” ( Employment) Chambers UK 2015

“Her advice is of consistently high quality.” ( Employment) Chambers UK 2015

“She is fantastic in tribunals and has the ability to unnerve in cross-examination.” (Employment) Chambers UK 2014 

“She has a very incisive understanding of the pressures of working in a commercial organisation.” (Employment) Chambers UK 2014 

Background

Victoria’s first degree was in Biochemistry at Southampton University followed by an MPhil in Biochemical Genetics jointly sponsored by Southampton University and Magdalen College, Oxford.

Victoria then pursued a successful career in industry as an Industrial Relations specialist within the manufacturing, broadcasting and water treatment and supply sectors, and then as a self-employed management consultant.

Victoria was awarded first class honours in her LL.B from the University of London. She then took the Bar Vocational Course at the ICSL from 1995 to 1996 and was called to the Bar by Gray’s Inn in July 1997.

Victoria is Security cleared.

Employment Law

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.

Recent Employment Law Cases

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.

Gilbert v. Kent Police Ashford Employment Tribunal 1102062/2008 March 2010 – Read the full article in Personnel Today about this disability claim concerning dysphonia.

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.

Police Law

Victoria has acted for a number of Constabularies in disciplinary matters at first instance and at appeal both as a representative and as a legal advisor. She advises a number of constabularies in relation to police pensions and their administration. The majority of her police work focuses on advising and representing forces with respect to employment/discrimination matters.

She is currently advising a group of forces on the WTR implications of significant changes to shift arrangements.

Victoria has extensive experience of employment cases involving firearms and firearms officers.

Recent Police Law Cases

Ch Const of Gloucestershire Police v Peters & Peters EAT UKEATPA/1300/11
Allowed to go to full appeal on 7 out of 8 pleaded grounds;

Krykant v TVP 2013
Whistleblowing case in which the  definition of ‘prescribed person’ was a litigated point

Warner v TVP 2013:  Question was whether normal management activity could constitute victimisation.  Held it could not.

Cosser v Chief Constable of Avon and Somerset Police 2014: Transgender Claimant alleging detriment and harassment on those grounds.  Case continues

Ackleton & Others v Paynes Stores & Anor. 2016 – Complex employment status/partnership dispute which was heard by the EAT

Equine Law

Victoria acts for the police and private individuals and breed societies in any litigation or advisory work involving horses. To date she has conducted litigation and/or advised in the areas of personal injury, breach of contract, negligence, professional negligence (Veterinary surgeons), Judicial Review (Defra), defamation, horse identification (passports)/welfare, straying and other Animals Act matters.

Recent Equine Law cases

Re IDHS and Defra 2005 – Judicial review of the Ministry relating to statutory interpretation of European rules on parent and daughter stud books.

Re Trakehner Breeds Fraternity (TBF) and Defra 2014 – Victoria gave advice to the breed society on the statutory interpretation relating to registration procedures.

Bull v Collins 2016 – Fraud, breach of contract, misrepresentation case involving sale of a horse

Lectures

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

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

Publications

Collective Bargaining – Section of ‘British Personnel Management’ – Croner Loose leaf.
Rearing its ugly head (Harassment in employment) [27/2/2009] NLJ
Age Trouble (Age Discrimination) [2/11/07] NLJ
Piercing the Corporate Veil (TUPE related) [13/7/2007] NLJ
Unfair City Bonuses [12/1/2007] NLJ
The Terms and Conditions Quickstep (TUPE) [15/2/2006] NLJ

‘No Uniform Approach’ New Law Journal Vol 161, Issue 7482 (September 2011)—analyses impact of Article 6 ECHR on legal entitlements during disciplinary proceedings (co-authored with Alex Ustych).

No Uniform Approach article

Victoria is a regular contributor to Police Law Journal and 5 from 5 Chambers’ employment law update.

Interests

Victoria has a lifelong interest in horses and riding – she represented Great Britain at junior level in three day eventing and is currently the Performance Test Director of the National Stallion Association.

Member and a registered assessor of the British Psychological Society

Fellow of the Chartered Institute of Personnel and Development.