Discrimination: the law and strategy

This event is in the past
Date:
Wed, 20 Mar 2019
City:
London (National)
Venue Address:
Royal College of Obstetricians and Gynaecologists, 27 Sussex Place, Marylebone, London NW1 4RG
Speaker(s):
See full programme
Event Type:
General
Duration:
Two days. Day One: 9.30am - 5.00pm. Day Two: 9.15am -5.30pm
CPD hours:
10.00
Status:
Spaces Available
Discrimination: the law and strategy
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ELA two day course

Wednesday 20 – Thursday 21 March 2019

Fees
£225 + VAT per day £425 + VAT for both days. There is an early bird discount until 1 February 2019, a 50% discount for voluntary sector organisations, pupil barristers/barristers under 2 years call and 30% out of region discount.

As a guide, this session amounts to 5 CPD hours per day

Day one: The Law of Discrimination
Day one is at introductory level, designed for lawyers new to employment law practice to give a thorough grounding in the law of discrimination. The morning will cover the basics of the UK’s discrimination laws: protected characteristics, direct and indirect discrimination, victimisation and harassment. The afternoon sessions will focus in more detail on the law of disability discrimination and pregnancy and maternity discrimination.

Day two: Strategy and Tactics in Running Discrimination Claims
Day two is designed for junior to mid-level employment lawyers, as well as newly qualified level lawyers who have attended day one. It offers the opportunity to learn from experienced practitioners about the thorny practical issues of running discrimination claims, and what strategies can be used for different types of claims.

Programme

DAY ONE – WEDNESDAY 20 MARCH

Chair:
Anthea Christie, Penningtons Manches LLP and member of ELA Training Committee

9.30am Registration and tea/coffee

10.00am INTRODUCTION TO THE CONCEPTS OF DISCRIMINATION
What is discrimination law and how does it work?
Declan O’Dempsey and Sally Robertson, Cloisters

  • Identifying key discrimination concepts, including identifying protected characteristics
  • Direct discrimination
  • Indirect discrimination and the justification defence (including justifying direct age discrimination)
  • Harassment and victimisation
  • An introduction to the additional/ different protections available in connection with disability discrimination and pregnancy and maternity discrimination
  • Who can claim protection
  • When discrimination is unlawful
  • Who can be liable for discrimination
  • Exceptions and positive action
  • The role of the EHRC

There will be a 10 minute refreshment break at around 11.30am

12.50pm Lunch

1.45pm DISABILITY DISCRIMINATION: KEY CONCEPTS AND PRACTICAL ISSUES
Nigel Mackay, Leigh Day and Jane Amphlett, Howard Kennedy

Disability

  • What is a disability, including the statutory definition
  • how to identify in practice whether someone has a disability
  • pre-employment questionnaires
  • occupational health and medical evidence;  

Forms of disability discrimination

  • direct discrimination, including perception of disability and discrimination by association;
  • indirect discrimination
  • discrimination arising from disability and when this can be justified;
  • the duty to make adjustments, what is required in practice and the limits to what is reasonably required;

Sickness absence and performance issues

  • how to deal with sickness absence and performance issues of a person with a disability.

There will be a 15 minute refreshment break at around 2.45pm

3.45pm PREGNANCY AND MATERNITY DISCRIMINATION
Siân Keall and Anna West, Travers Smith 

  • The basic rights during and after pregnancy including
    • right to time off for ante natal care,
    • health & safety protection
  • Maternity leave including
    • right to pay and benefits before, during and after maternity leave
    • tricky issues:  pay rises, bonuses, childcare vouchers and pensions
    • rights to return from leave
  • Unfair dismissal including redundancy during maternity leave
  • Direct pregnancy/maternity discrimination and indirect sex discrimination – how this arises in practice
  • An overview of shared parental (NB: this will only be covered in brief)

5.00pm Close of day one

DAY TWO – THURSDAY 21 MARCH

Chair: David Regan, Squire Patton Boggs (UK) LLP and member of ELA Training Committee

9.15am Registration and tea/coffee

9.30am  CLAIMANT PERSPECTIVE:  ASSESSING THE CLAIM  AND OTHER PRE-LITIGATION STEPS
Gareth Brahams, BDBF 

  • Identifying the claim, identifying potential respondents and limitation periods
  • Identifying what outcome the prospective claimant wants
  • Assessing merits and value of claim(s)
  • Given assessment of merits and value of claims and funding available, are proceedings worth it?
  • Pre-issue steps, including letters before action and Acas early conciliation

10.45am Tea/Coffee

11.00am RESPONDENT PERSPECTIVE: ADVISING CLIENTS ABOUT PREVENTING CLAIMS
Jane Fielding, Gowling WLG 

  • Dealing with grievances
    • What policies should be in place
  • Pre-action litigation steps
    • Responding to Subject Access Requests
    • ACAS Early Conciliation
    • Without prejudice discussions
  • Settlement agreements – the ethical considerations surrounding NDAs

12.15pm CONDUCTING PROCEEDINGS: AN EMPLOYMENT JUDGE’S PERSPECTIVE
EJ Tayler and EJ Wade, London Central Employment Tribunal

  • Case management tips
  • General top tips/do’s and don’ts on dealing with the tribunal and presenting a case

1.15pm Lunch

Chair: David Regan, Squire Patton Boggs (UK) LLP and member of ELA Training Committee

2.00pm Issuing and Responding to the Claim, preparing the case and strategy
Lucy McLynn, Bates Wells Braithwaite and Harriet Bowtell, Jones Chase

  • Addressing relevant points
    • Identifying each claim and giving particulars
    • Bring the claim against the correct respondent(s)
    • Comparators
    • PCPs
    • Burden of proof
  • Responding to the ET1 effectively
    • How strong is any objective justification defence and how will you demonstrate it?
  • Further and better particulars
  • Potential conflicts of interest between respondents who are employer and another employee?
    • Including running a reasonable steps defence
  • Are there preliminary points to take?
    • Time issues
    • Jurisdiction issues
    • Deposit orders/strike outs
  • General case management
  • Documents
    • What you need
    • Disclosure obligations and specific disclosure requests
  • Witnesses
    • Identifying relevant witnesses
    • Using witness orders
    • Preparing witness statements
    • Preparing witnesses to give evidence
  • Settlement tactics during the litigation process
  • Preparing for the hearing
    • Last minute settlement
    • Dealing with publicity

There will be a 15 minute refreshment break at around 3.00pm

4.15pm  REMEDIES AND PREPARATION AND STRATEGIES FOR THE REMEDIES HEARING
Tina Wisener, Doyle Clayton Solicitors

  • Overview of remedies available
  • Preparing for remedy hearing - tactical and practical questions regarding the hearing: how each party should approach a remedies hearing
  • Drafting and challenging schedules of loss and drafting a counter-schedules
  • Mitigating loss
  • Tax issues

5.30pm Close of course