Discrimination: the law and strategy

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Date:
Wed, 23rd Sep to Thu, 24th Sep 2020
Location:
London - BMA House (National)
Venue Address:
BMA House, Tavistock Square, Bloomsbury, London WC1H 9JP
Speaker(s):
See programme
Event Type:
Introductory
Duration:
1 or 2 days. Day One: 9.30am - 5.00pm. Day Two: 9.15am -5.30pm. Members can book for one or both days.
CPD hours:
5 CPD hours per day
Status:
Spaces Available
Discrimination: the law and strategy
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Fees

  • One day: £225+VAT
  • One day: £225+VAT
  • Both days: £425+VAT

Discounts

We also offer the following discounts on the full fee:

  • 50% discount for members in the voluntary or not-for-profit sector (with no booking deadline)
  • 50% discount for pupil barristers or barristers less than 2 years call (with no booking deadline)
  • 30% out of region discount (with no booking deadline)
  • Please note only one discount will be applied per booking.

Wednesday 23 – Thursday 24 September 2020 

Fee
Cost for both days: £425 +VAT
Cost for one day: £225 + VAT
There is a 20% early bird discount until 31 January 2020

We also offer the following discounts on the full fee:

  • 30% out-of-region discount
  • 50% discount to members working in the voluntary sector and to pupil barristers and barristers with less than 2 year’s call 
  • there is no deadline to take up these discounts

Members may book for either day one or day two, as well as for the full two day course.
Please note this course is non-residential. The course fees do not include overnight accommodation.

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 23 SEPTEMBER

Chair: Nikita Sonecha, Browne Jacobson 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? 
Daphne Romney QC, 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 
  • 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 15 minute refreshment break at around 11.30am 

12.50pm Lunch

1.45pm DISABILITY DISCRIMINATION: KEY CONCEPTS AND PRACTICAL ISSUES 
Jane Amphlett, Howard Kennedy and Susie Al-Qassab, Hodge Jones & Allen Solicitors

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 24 SEPTEMBER

Morning Chair: Anthea Christie, Pennington Manches Cooper ‘and member of ELA Training Committee
 

9.15am  Registration and tea/coffee 

9.30am CLAIMANT PERSPECTIVE:  ASSESSING THE CLAIM  AND OTHER PRE-LITIGATION STEPS 
Polly Rodway, 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 
Vivienne Reeve, 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 & Acting REJ 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

Afternoon Chair: Katya Hosking, Devereux Chambers ‘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


Other introductory courses

TUPE: The Law and Practice - 17/18 June 2020 - London
Settlement Agreements - 29 September 2020 - London 
Introduction to Employment Law - 5/6 November 2020 - Birmingham