Rachel Tozer

Rachel advises on unfair dismissal, wrongful dismissal, discrimination and bullying, whistleblowing, restructurings, TUPE, and collective and individual redundancy consultations.

• Successfully avoided a claim of race discrimination being made against a software company.
• Obtained a good settlement for a woman against a large train company for disability discrimination in relation to both post-natal depression and work-related stress, sex discrimination, constructive unfair dismissal, and breach of contract.
• Obtained a good settlement for a healthcare provider who was accused of sexual harassment following an alleged sexual assault at work.
• Successfully defended a care provider against a claim of race discrimination.
• Successfully defended a small company against a claim of disability discrimination where they were unaware of the alleged disability at the time of dismissal.
• Obtained a very good settlement for an advertising company accused of sexual orientation discrimination.
• Advised on allegations of maternity discrimination in difference cases including where the employee was made redundant during the protected period and in other cases where the employee’s role was materially changed and reduced in status during maternity leave.
• Advised on a claim for sex discrimination, automatic unfair dismissal for asserting a statutory right, wrongful dismissal, and failure to provide particulars of employment.
• Advised an employee whose application for long-term income protection was granted despite her employer denying any knowledge of any disability.
• Obtained a good settlement of a disability discrimination claim where the employee claimed that he has been dismissed as a result of his OCD.
• Obtained strike-outs and a costs order in various claims brought by the same claimant of age discrimination, unfair dismissal, and victimisation.
• Advised with respect to several Board fallouts, including where a director was accused of breach of various fiduciary duties.

Rachel ensures HR teams remain compliant with new legislation and regulations, and advises on redundancy, TUPE, and supports teams on drafting policies and employee handbooks, and providing training sessions.

• Advised on changing terms and conditions of employment in situations including changes to pension schemes and introduction of shift patterns to provide 24/7 IT support for clients.
• Advised on the TUPE aspects of outsourcing transactions.
• Advised on the TUPE aspects of sales and acquisitions of businesses.
• Advised on redundancy processes.
• Advised on the interrelationship between director’s service agreements and shareholders’ agreements on many occasions.
• Advised on HR processes, including managing underperformance and short- and long-term sickness absences, whether or not disability-related.
• Drafted and updated directors’ service agreements, contracts of employment, consultancy agreements, and HR policies.
• Advised employers and employees with regard to settlement agreements.
• Delivered training sessions at CIPD events and to clients on subjects including equality and diversity, drug and alcohol testing in the workplace, and performance and absence management.

Rachel has advised HR teams and individuals in relation to data rights relating to HR matters extensively since pre-GDPR days. The overlap of data rights in the HR field only continues to grow, meaning that strategic thinking is vital, whether planning for new HR systems, training managers in terms of record keeping, and using or responding to DSARs during HR processes/litigation.

• Supported HR departments preparing for GDPR, including those with US parent companies.
• Advised with regard to DSARs submitted in the course of active or anticipated litigation/grievance/disciplinary proceedings/redundancy consultations.
• Advised a worldwide company on processing of health data.

Rachel advises schools and colleges on all aspects of UK employment law, from tribunal claims, business reorganisations, and transactions, to day-to-day HR advice, particularly in the context of the additional regulatory requirements facing educational institutions.

• Advised a group of schools on the TUPE aspects of the acquisition of a new school.
• Obtained a good settlement of a claim for disability discrimination against a school following the withdrawal on medical grounds of a conditional offer of employment to a teaching assistant who was unfit to perform regulated activities.
• Advises a group of SEND schools with regard to numerous employees, many of whom have their own disabilities.
• Advised a college with regard to a disciplinary process concerning a teacher accused of sexual assault.
• Advised on redundancy programmes for a multi-academy trust (MAT).
• Advised in relation to allegations of an inaccurate referral to LADO following the use of sexualised language by a new teacher.
• Advised a school with regard to the disciplinary process of a disabled employee who was accused of corruption.
• Advised a grammar school on disciplinary action after staff permitted students to drink alcohol and conduct their own kangaroo court to discipline fellow students during a residential school trip.
• Obtained a good settlement for school and senior members of staff in relation to a claim of race discrimination.
• Updated contracts of employment and policies for various schools and a higher education college.
• Advised a college on the removal of its principal following a disputed breakdown in the relationship between the principal and the governing board.
• Advised an independent school with respect to the restructuring of its senior leadership team.

Rachel advises individuals and professional partnerships on all aspects of UK employment law, from tribunal claims, business reorganisations, and transactions, to day-to-day HR advice.

• Obtained a good settlement for a young woman who was bringing sexual harassment claims against a Big 4 accountancy firm despite unauthorised removal of confidential data.
• Defended a law firm from claims of disability discrimination from a solicitor who was dismissed for dishonesty.
• Advised a law firm with regard to compliance with a DSAR in the context of litigation.

Recognised by The Legal 500 for Employment: Employers 2020-2022

Member of the Employment Lawyers Association (ELA)

Co-authored the Harvey Special report series, ‘Data Protection in Employment’

Sat on the consultation board of the Practical Law Company employment law section 2012–2014