Rachael Levene

Employment

Rachael Levene accepts instructions in all areas of Employment Law. Rachael acts for both Claimants and Respondents. She provides advisory and drafting services on all areas of Employment Law.

Rachael has experience in the following areas:

• Unfair Dismissal
• Discrimination, in all its forms
• Employment Status
• The Contract of Employment
• Whistleblowing
• Working Time
• Industrial Relations
• TUPE

In the employment sphere Rachael has experience at the appellate level, having appeared in both the EAT and the Court of Appeal. She has experience of working with large corporations as well as smaller clients.

Rachael regularly acts for Government Departments and is approved Counsel for this purpose.

Rachael is also frequently instructed to advise on the issue of costs in the Tribunal and provides realistic advice. She has also frequently succeeded in obtaining costs for her client.

Some of her notable cases include:

– Curran v Pennine Care NHS Foundation Trust (2015, Manchester ET) Rachael acted for the Respondent and successfully defended claims of constructive unfair dismissal and disability discrimination. The case considered the reasonableness of the approach to the Claimant’s attendance and critical points of credibility.

– Kondeh v Department for Education (2015, Manchester ET) Rachael continues to act for the Respondent against claims of unfair dismissal and race discrimination. The tribunal has heard 10 days of evidence and the matter is listed for a further 5 days in 2016.

– Napier v Tameside MBC (2015, Manchester ET/High Court) Rachael acted for the Respondent and successfully defended claims relating to the employment status of foster carers. The Claimants sought judicial review in the High Court and Rachael again managed to defend the action.

– Roberts v National Crime Agency (2014-5) Rachael acted for the Claimant, a National Crime Agency officer at Detective Constable grade. The Claimant brought wide ranging and serious allegations of detriment by reason of whistleblowing, detriment by reason of taking part in Trade Union activities, disability discrimination and personal injury. The claim involved issues of international crime and was deemed to include aspects of national security. As a result the matter was due to be heard partly in private with a Special Advocate. Rachael assisted in obtaining a settlement for the Claimant.

– Sarah Grant v Grainger (1) SPG Hygiene (2) (2013, Liverpool ET) Rachael represented the Claimant in a claim for maternity discrimination and harassment that spanned 5 days of evidence. In its reserved judgment the tribunal found for the Claimant on her claims of direct discrimination, indirect discrimination, harassment, her claim under section 18 of the Equality Act as well as claims under the Maternity and Parental Leave Regulations. The Claimant was awarded significant compensation that included a sum for aggravated damages.

– Martin Farthing v Easi-Drive Limited (2013, Manchester ET) Rachael represented the Claimant in a 3-day constructive unfair dismissal case. The Claimant brought allegations of bullying and harassment against his former employer, including allegations of having been followed to the toilet during meetings and stalked using the car tracker at weekends. The case was emotionally charged and the Claimant had been unable to obtain another job. His financial situation was precarious and the pressure was high. The Claimant succeeded on all counts, despite the company’s robust defence and there being numerous points of factual dispute.

– Chohan v Central Manchester University Hospitals NHS Foundation Trust (2012, Manchester ET) Rachael acted for the Respondent in a 5-day hearing to defend multiple allegations of disability discrimination brought by a scrub nurse who suffered from Menieres disease and mental health problems. The Claimant relied upon her Menieres disease as her disability. The Tribunal had to consider the requirements of a busy hospital ward and the dangers of infection risk as against accommodating the changing needs of the Claimant’s condition. The Respondent succeeded in defending all claims.

Employment

Rachael Levene accepts instructions in all areas of Employment Law. She also acts as a Mediator, having qualified as such in 2020.

In Employment Law, Rachael acts for both Claimants and Respondents. She provides advisory and drafting services on all areas of Employment Law. Rachael provides a professional and down-to-earth service.

Rachael also frequently appears in the civil courts on matters concerning discrimination in goods and services and related claims. Rachael has experience of complex cases at the Multi-Track level, and has successfully defended claims involving multiple Claimants.

She is a problem solver who combines intellectual rigour with a warm and friendly manner. This appealing combination has led to her receiving a wide variety of instructions in the following areas:

• Unfair Dismissal
• Discrimination, in all its forms
• Employment Status
• The Contract of Employment
• Whistleblowing
• Working Time
• Industrial Relations
• TUPE

In her Mediation work, Rachael has experience of mediating on complex and emotional matters. Rachael takes pride in her ability to quickly develop trust with those she is mediating between. In finding common ground between parties, Rachael is skilled in navigating a path to settlement, sometimes with creative solutions.

Insurance Fraud

Rachael has a solid background in fraud litigation. She provides clear written and oral advice and is willing to conduct conferences early and throughout litigation to discuss tactics and litigation risks.

Rachael is happy to assist with drafting defences, witness statements, counter-schedules and she turns papers around quickly.

Rachael is known to be robust in court but also personable and understanding with clients. She is approachable and friendly, which assists both expert and lay witnesses who may be less familiar with the courtroom environment.

Rachael is regularly instructed to act for leading insurance companies and has experience of the following areas:

– phantom passengers;

– staged and induced accidents;

– LVI claims;

– fraud rings;

– exaggerated claims

Rachael has benefitted from being led by Chris Kennedy KC on a fraud trial that lasted 9 weeks and resulted in a successful outcome for the insurance companies involved.

Rachael provides a professional and down-to-earth service.

Notable Cases

A McDermott v 1) Sellafield Ltd 2) Nuclear Decommissioning Authority 3) H Roberts: [2023] EAT 60

Rachael acted for the Second Respondent over a 2 day EAT hearing against 2 KCs. The appeal followed a 3-week ET hearing in 2021 and the tribunal having awarded costs in favour of both Respondents. The claims against the Second Respondent relied the doctrine of agency. Rachael successfully defended the appeal on liability.

Dakin v Brennan (2023)

Rachael represented the Respondent, an individual against whom multiple claims of pregnancy and sex discrimination had been brought. The claims arose following a commercial dispute between the parties. There had been press attention in the case prior the final hearing. All claims were successfully resisted, and there was similar press attention in the outcome.

Sivyer v East Lancashire Hospitals NHS Trust (2023)

Rachael successfully defended an array of complaints of whistleblowing detriment following the Claimant’s employment in a mass vaccination centre in a multi-day ET hearing. The case carefully considered the issue of a protected disclosure and causation.

Postis v Leeds Beckett University (2022)

Rachael represented the university in a multi-day hearing to defend claims of constructive unfair dismissal and victimisation brought by an academic of French origin. The evidence was voluminous and went back many years. Following careful cross-examination, the Claimant withdrew his claims. Rachael successfully negotiated that the withdrawal was accompanied by a payment of costs.

A McDermott v 1) Sellafield Ltd 2) Nuclear Decommissioning Authority 3) H Roberts (2021)

Rachael represented the Second Respondent. The liability hearing took place across 3 weeks. The Claimant brought claims of whistleblowing detriment and victimisation. To succeed against the Second Respondent, the Claimant had to show that there was a relationship of principal and agency between the First and Second Respondents or that the Second Respondent was otherwise responsible for actions of the First Respondent. Rachael successfully defended all claims. The Respondents subsequently pursued costs.

Mr M Kassem v North Tees and Hartlepool NHS Foundation Trust (2020): 2502292/2019

In September 2020 Rachael acted for the Respondent an ET hearing spanning 3 weeks. The case involved multiple allegations of whistleblowing detriment, direct race discrimination, harassment and victimisation spanning a long period. There were over 3500 pages of documents and many witnesses including high profile hospital leaders and clinicians. Given the complexity of case, the tribunal required 7 days to deliberate.

Education

LLM, University of British Columbia (First Class)

MA, Gonville and Caius College, Cambridge

Awards

Cynthia Terry Award, Gray’s Inn

Commonwealth Scholarship, awarded to study at the University of British Columbia (2003-2005)

Prescribed Information

Rachael Levene is a practising barrister, who is regulated by the Bar Standards Board. Details of information held by the BSB about Rachael Levene can be found here.

Rachael’s clerks will happily provide no obligation quotations for all legal services that she provides. Their contact details can be found here. It is most common for Rachael to undertake Tribunal and Court work for a brief fee, plus refresher fees for additional days. Advisory work, including paperwork and conferences, is most commonly charged at an hourly rate. Rachael will typically return paperwork within 10-14 days, however professional commitments, and the complexity and volume of documentation can affect these timescales.