Discrimination: the law and strategy

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Date:
Tue, 20 Mar 2018
City:
London (National)
Venue Address:
Rooms on the Park (ROCOG)
27 Sussex Place, Regent's Park,
London NW1 4RG
Speaker(s):
See full programme
Event Type:
Introductory
Duration:
2 day course 20/03/2018 - 21/03/2018: 9.30am for 10am start to 5.30pm. Members can book for one or both days.
CPD hours:
10.00
Status:
Spaces Available

Venue map

Fees
£225 + VAT per day
£425 + VAT for both days
There is an early bird discount until 24 January 2018, a 30% out of region discount and 50% voluntary sector 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, pregnancy and maternity discrimination and remedies in 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. The day will give the opportunity to work through practical problems and ask questions of the course leaders with cutting edge experience.

Programme

DAY ONE – TUESDAY 20 MARCH

9.30am Registration and tea/coffee

10.00am INTRODUCTION TO THE CONCEPTS OF DISCRIMINATION
What is discrimination law and how does it work?
Claire McCann and Navid Pourghazi, Cloisters

A plenary session 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; and 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
Spencer Keen and Bruno Gil Old Square Chambers

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.

3.15pm Comfort Break

3.25pm PREGNANCY AND MATERNITY DISCRIMINATION
Siân Keall and Anna West, Travers Smith LLP

  • 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)

4.30pm Tea/coffee

4.50pm OVERVIEW OF REMEDIES FOR DISCRIMINATION
Jane Fielding, Gowling WLG LLP

  • Remedies available
  • Tax issues
  • Interest
  • Enforcing Tribunal awards
  • Structure of remedies hearing

(Note that discussion of the schedule of loss will be covered on day 2)

5.30pm Close of day one

DAY TWO – WEDNESDAY 21 MARCH

9.30am Registration and tea/coffee

10.00am ASSESSING THE CLAIM , PRE-LITIGATION STEPS AND ISSUING THE CLAIM
Gareth Brahams, Brahams Dutt Badrick French LLP

  • 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
  • Issuing the Claim:
    • Identifying each claim and giving particulars
    • Comparators
    • PCPs
    • Burden of proof

11.30am Tea/Coffee

11.45am RESPONDING TO THE CLAIM
Gavin Mansfield QC, Littleton Chambers

  • Pre action considerations for Respondents, including ACAS Early Conciliation
  • Formulating an early defence strategy
  • 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

1.00pm Lunch

2.00pm PREPARING THE CASE: KEY STAGES OF LITIGATION
James Medhurst, Fieldfisher LLP

  • 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

3.10pm  Tea/Coffee

3.25pm 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

4.25pm Comfort break

4.35pm  PREPARATION AND STRATEGIES FOR THE REMEDIES HEARING
Tina Wisener, Doyle Clayton Solicitors

  • Tactical and practical questions regarding the hearing: how each party should approach a remedies hearing
  • Mitigating loss
  • Drafting and challenging schedules of loss and drafting a counter-schedules
  • Structuring settlement agreements

5.30pm  Close of course