5 Essex Court
Temple, London, EC4Y 9AH
Phone: 020 7410 2000
Victoria von Wachter
YEAR OF CALL 1997
Victoria’s first degree was in Biochemistry at Southampton University followed by a MPhil in Biochemical Genetics jointly sponsored by Southampton University and Magdalen College Oxford.
After leaving Southampton she pursued a career in industry firstly as an Industrial Relations specialist for companies working within manufacturing, broadcasting and water treatment and supply, and then as a self-employed management consultant.
She undertook her law degree as an external part time student of London University and was one of only three students in her part time year to be awarded a first class honours degree.
She took the BVC at the ICSL and was called to the Bar by Gray’s Inn in July 1997.
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 CNC on TUPE implications resulting from site operators ceasing requirement for armed police force on numerous sites
Recent Police 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
Whistleblowing case in which the definition of ‘prescribed person’ was a litigated point
Warner v TVP; Question was whether normal management activity could constitute victimisation. Held it could not.
Chandler v Civil Nuclear Constabulary
Sexual Orientation/harassment case. Case turned on evidence of witness revelaed in XX to have perjured himself thus defeating the whole of the Claimant’s case.
TVPA v Berkshire County Council 2008 : Case involving claim for multiple errors in pensions calculation stretching over a number of years and amounting to seven-figure value. Case goes to arbitration.
Chief Constable of Gloucestershire Police v Peters  ER (D) 192 nov: Adjournment of proceedings pending the finalisation of criminal investigation. Successfully represented the Chief Constable in this appeal.
Victoria’s main areas of practice are employment and discrimination law. She has represented clients within the public service and private industry in complex and lengthy cases in all aspects of her employment practice, and in particular in relation to all types of discrimination claims. She also has particular experience of 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 cases with national security implications.
Her advocacy work involves frequent appearances in the Employment Tribunal and the High Court. Her 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 oil company. Her advisory work spans employment, statutory interpretation and pensions.
Recent Employment Law Cases:
Gilbert v. Kent Police Ashford Employment Tribunal 1102062/2008 March 2010: Read the full article in Personnel Today
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 involving overlapping and common factual material. EAT judge's (HHJ Ansell) decision based on consideration of the possibility of a fair trial and weighing the balance of prejudice to both parties.:
McKie v Bluefin Insurance 2009 Scottish ET: Acted for Claimant in Constructive dismissal claim with restraint of trade sequellae
Haynes v Gloucestershire Police 2009: Case involving a claim of disability discrimination against a dyslexic Chief Inspector applying for promotion to Superintendent. Majority of claim dismissed. Costs application outstanding
Chandler v Kent Police 2009: Race discrimination claim settled through mediation (acted as mediator) resulting in predominantly non-financial solution
Urwin v Thames Valley Police 2009: Disability claim (Dyslexia) withdrawn after first day’s cross-examination
ICNM v Fewell 2009: Misfeasance by Director of Charity, case continues
Lake v British Transport Police (2007)  EWCA Civ 424 CA (Civ Div) (Pill LJ, Wall LJ, Maurice Kay LJ) 4/5/2007 Employment - Police British Transport Police : Disciplinary Procedures : Judicial Immunity : Protected Disclosures : Unfair Dismissal : Whistleblowers : Police : Employment Tribunal Proceedings Following Statutory Appeals Procedure : s.103A Employment Rights Act 1996 : s.43KA Employment Rights ACct 1996 : s.47B Employment Rights Act 1996. The fact that the members of the Police Disciplinary Board enjoyed the customary immunity from suit when acting judicially did not prevent proceedings being brought in the employment tribunal pursuant to the Employment Rights Act 1996 s.47B, s.43KA and s.103A, in the course of which it was said that the board's decision in a protected disclosure case had been wrong.
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 Summerleaze 2010: advised on next steps with respect to 50 horses abandoned on client site.
Freedom Farm v Homewood 2009 QBD : Acted for Claimants in breach of contract claim by thoroughbred stud against large counterclaim spanning over 6 years. Case settled in favour of Claimant with costs.
Irish Draught Horse Society (GB) v 2 members 2006 QBD : case involving non-acceptance of stallions into studbook.
Re IDHS and Defra 2005 : Judicial review of the Ministry relating to statutory interpretation of European rules on parent and daughter stud books.
Victoria lectures extensively both to solicitors, operational 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
Age Discrimination – The New Law
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.
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
ICSL 1995 – 6
London University (Ext) P/T 1987 – 92
Southampton University/Magdalen College Oxford 1974-5
Southampton University 1971-4
Ealing Grammar School for Girls 1968 –70
Lourdes Mount Convent 1955 – 1966
Horses and Riding (Represented GB at junior level in three day eventing, Currently Performance Test Director of the National Stallion Association)
Classical, Rock and Folk music Bridge