Rachel Toney

Rachel Toney Employment Profile

Before commencing her career at the Bar, she read Law with Legal Studies in Europe at Oxford University and spent a year in Konstanz reading German Law before completing her LLM (in German) in comparative law.

Rachel has successfully carved a thriving practice in employment law and is regularly instructed on behalf of a wide-ranging variety of Respondents such as Health Care Trusts, employment agencies, Government entities and agencies (such as Her Majesty’s Prison Service, Secretary of State for Transport, Secretary of State for Defence, Home Office UK Border Agency, Her Majesty’s Land Registry, the House of Commons, Commissioners for Her Majesty’s Revenue & Customs), national charities (such as Action for Children), leading high street retailers, auditors, accountants and Lloyd’s of London. Rachel appears in Courts and Tribunals in a wide variety of (often very sensitive and confidential) cases and has particular experience in cases involving complex issues of remedy. Rachel has also recently acted on behalf of a number of Claimants in high profile cases which have received wide publicity in the National press. Her practice encompasses all aspects of unfair dismissal, discrimination (particularly age and disability), breaches of contract and PI. Rachel advises in relation to vires, applicability and enforcement of Governmental pay policies and Notices to Staff, wide-ranging contractual disputes, employment contracts/policies, procedures, legislation, personal injury and recovery of sums regarding shares and share options.

In March 2004 Rachel was appointed as Junior Counsel to the Crown – Panel C. She was promoted to Panel B in March 2008. In 2010 Rachel was appointed as a member of the Attorney General’s Panel of Special Advocates.

Rachel is recommended as a leading barrister for both Employment law and Shipping & Commodities in Chambers & Partners and the Legal 500, where she has been described as ‘outstanding’. They note:

The "tenacious" Rachel Toney "has the complete package - pragmatism, intelligence and client skills," sources say. (Chambers & Partners 2012)

Rachel Toney of Stone Chambers is praised for "her ability to whip very messy cases into fantastic shape." She is "very pragmatic and certainly has an excellent technical grasp of the law." (Chambers & Partners 2012)

At the junior end, the ‘exceptional' Rachel Toney at Stone Chambers ‘demonstrates a keen grasp of the law and is a formidable asset in any Employment Tribunal case. (Legal 500 2011)

Rachel Toney ‘gives confidence about the depth of legal analysis and advice provided, yet brings a commercial perspective’ to the table. (Legal 500 2011)

... "a barrister with phenomenal attention to detail" (Chambers & Partners 2011)

Rachel Toney is a favourite junior at the set, whose practice covers both dry and wet matters. She impresses with her “ability to communicate legal detail at an understandable level,” and with her “good technical mind which allows her to assimilate complex information coming at her from different perspectives.” (Chambers & Partners 2011)

Rachel Toney ‘is very bright, and delivers no-nonsense advice’. (Legal 500 2009)

Employment Cases:

Wooster v London Borough of Tower Hamlets

Rachel represented and successfully appeared on behalf of Mr Wooster before ET and Employment Appeal Tribunal in relation to his seven figure claim for (i.a.) unfair dismissal and age discrimination. In September 2009, the Appeal Tribunal, led by the President of the EAT, refused to overturn Tribunal’s decision on age discrimination in a case said (by the Appellant Council) to be of significant importance to local authorities across the country. Appearing against Leading and Junior Counsel on behalf of Tower Hamlets, Rachel successfully argued on behalf of Mr Wooster that whilst it would have been unlawful for the Council to have kept Mr Wooster in employment for the sole purpose of obtaining his enhanced pension rights, the Council had discriminated against him by effectively deliberately ignoring its own redundancy and redeployment policy because of Mr Wooster’s impending entitlement to early retirement benefits. Mr Wooster argued for what was considered to be the largest compensation award in UK age discrimination case history. Case received the support of the Equal Opportunities Commission. Rachel was instructed to represent and appear on behalf of Mr Wooster before the Court of Appeal. Case received much publicity in legal press.

SHL v Ministry of Justice

Rachel has recently completed another lengthy 7 day hearing in which she represented the Respondent defending substantial and very serious allegations of bullying and harassment relating to a gross misconduct dismissal in 2009. Case particularly demanding given the voluminous and incredibly detailed documentation (stretching back some 8 years). Case necessitated particularly sensitive, yet robust and meticulous cross-examination of the disabled Claimant whose first language was not English and who was partially deaf and partially sighted.

W-T v Action for Children

Rachel recently successfully represented the Respondent Charity in a 6-day Tribunal hearing defending serious allegations of disability discrimination (direct, disability related discrimination and failure to make reasonable adjustments) relating to the Claimant’s complex regional pain syndrome, and unfair dismissal following the reorganisation and restructuring of the Respondent’s Children’s Services Department. The claim against Rachel’s lay clients was dismissed in its entirety. The Judgment of the Tribunal followed the Respondent’s written submissions particularly closely and determined that none of the Claimant’s allegations of unfair/unlawful treatment was made out.

S v Her Majesty’s Land Registry

Rachel is instructed to represent the Respondent defending a number of complex claims brought (and continuing to be brought) relating to alleged sex discrimination, detriment contrary to section 146 TULRCA, less favourable treatment contrary to the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000, breach of Article 141 of the EC Treaty and breach of the Safety Representatives and Safety Committee Regulations 1977. Case is factually and legally complex and is considered to be potentially of national impact and significance in terms of remuneration of Part-Time and/or Trade Union representatives across HMLR nationally. Rachel has been particularly instrumental in the case in pulling the numerous overlapping issues into proper order and legal structure in order that the voluminous (and somewhat dense statistical and numerical) evidence may be marshalled accordingly.

X v UKBA

Rachel continues to be instructed on behalf of the Secretary of State for the Home Office defending claims of unfair dismissal, disability discrimination and “whistleblowing” arising from a gross misconduct dismissal (which included allegations of serious repeated breaches of Border Control National Tactical Operations Team and Crown Prosecution Service protocols for arrests at home addresses) within the BCNTO Team. Although the specific nature and detail of the evidence to be considered and presented remains highly confidential, the case received general widespread National press coverage earlier this year when the Claimant took his allegations of “sham marriages” to the newspapers. The case is due to be heard in later this year.

Pine v (1) Cinven Ltd (2) MP

Represented Claimant in relation to her six figure claim for (i.a.) unfair dismissal, disability discrimination (“ME”), harassment and victimisation. Case received wide publicity in National press. Evidence given via video link.

Rowden v BSkyB

Advised and successfully represented Claimant former Head of Acquisitions at Sky in relation to her six figure claim for (i.a.) unfair dismissal and sex discrimination (dismissal for a reason relating to pregnancy). Case received wide publicity in National press.

N v Ministry of Justice

Instructed on behalf of Respondent to advise and appear at complex remedy hearing. Case involved complex issues of apportionment of loss (physical and purely pecuniary) arising from separate breaches (race discrimination found to have taken place within Official Solicitor and Public Trustee’s Office) and/or the state of the Claimant’s health (pre-existing and otherwise). Advising the Official Solicitor.

X v Secretary of State for Justice

Rachel successfully represented the Respondent at a 5 day Tribunal hearing (obtaining a substantial costs award against the Claimant as a result of the findings made) defending multi-faceted allegations of race discrimination (including institutionalised racism and campaigns of racism and harassment) by the Governing Governor (and others) of a sex offenders prison. The case involved sensitive handling of delicate and confidential information and evidence. Rachel’s cross-examination successfully enabled the Tribunal to conclude that the allegations made by the Claimant were beyond credibility and on occasion “deliberately misrepresented” the actuality.

M v Secretary of State for Justice

Rachel was instructed to advise and represent the Secretary of State in relation to a claim of unlawful deduction of wages (which was viewed as potentially becoming a national “test” case for the Respondent). The case demanded close scrutiny of a number of complex Government pay Policies and Codes, Notices and Guidance to Staff alongside consideration of Payroll Management Unit determinations and representations. Complex evidence to be considered in relation to contractual provisions, inter partes discussions and representations and statute as well as contractual variation, estoppel and change of position. A number of difficult time-bar issues and complex questions of legal authority (actual and ostensible) and vires.

Dr W v Ministry of Defence

Instructed on behalf of Claimant consultant anaesthetist (who had worked for the MoD in a hospital abroad) in High Court action for damages in relation to alleged breaches of contract of employment. Subsequently appeared as Junior Counsel led by Steven Gee QC at mediation.

CO&D plc v H

Advised and represented Applicant company in High Court Application for interim injunctions (and Orders for Delivery up etc) in support of covenants in employment contract (unauthorised taking of confidential business information; restraint of trade and non-solicitation clauses).

W v Secretary of State for Trade and Industry

Successfully represented Secretary of State for Business Enterprise and Regulatory Reform. Costs issues arising from a claim brought by Claimants that they were owed certain payments by either their employer or (given that the employer was placed into administration) the Secretary of State as guarantor of statutory payments from the National Insurance Fund. Interpretation of relevant insolvency proceeding for the purposes of Regulation 8(2)-(6) or 8(7) of the Transfer of Undertaking Regulations 2006.

Appointments:

Junior Counsel to the Crown – Panel C 2004

Junior Counsel to the Crown – Panel B 2008

Member of the Attorney General’s Panel of Special Advocates - 2010

Awards and Scholarships:

Hardwicke Scholar (1998-1999)

Sir Thomas More Bursary (1998-1999)

Wolfson Scholar (1997-1998)

Exhibitioner at Christ Church (1994-1997)

Education:

Languages:    

German (fluent) & French (good working knowledge)