Disability Discrimination in Employment

Overview

Disability Discrimination in Employment is an invaluable guide for employment lawyers. It provides a clear, accessible, and thorough account of this complex area of law, including detailed analysis of the primary legislation and all the most important cases in this area, including recent landmark decisions such as London Borough of Lewisham v Malcolm, Patterson v Metropolitan Police Commissioner, and Coleman v Attridge Law.

Written for those advising both claimants and ...

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Overview

Disability Discrimination in Employment is an invaluable guide for employment lawyers. It provides a clear, accessible, and thorough account of this complex area of law, including detailed analysis of the primary legislation and all the most important cases in this area, including recent landmark decisions such as London Borough of Lewisham v Malcolm, Patterson v Metropolitan Police Commissioner, and Coleman v Attridge Law.

Written for those advising both claimants and respondents, it is an indispensable resource for those practising in employment tribunals, containing everything the practitioner needs to know about running of defending a disability discrimination claim, both in terms of procedure and substantive law. It is invaluable for those providing non contentious advice.

Key features:

A lucid distillation of the concepts set out in the legislation.

Allows practitioners quick access to key cases and materials.

Carefully selected appendices, including the Disability Discrimination Act 1995, Parts I, II, and VIII, and Schedules 1 to 3, as amended, the Framework Directive for Equal Treatment in Employment and Occupation; and the Disability Communication Guide produced by the Employers' Forum on Disability.

Contains a list of cases from the Employment Appeal Tribunal, Court of Appeal, and House of Lords, organized by reference to disability.

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Product Details

  • ISBN-13: 9780199232277
  • Publisher: Oxford University Press, USA
  • Publication date: 5/15/2009
  • Pages: 300
  • Product dimensions: 6.10 (w) x 9.10 (h) x 1.00 (d)

Meet the Author

Richard Oulton qualified as a solicitor in 1985. He joined Travers Smith, and was made a partner in 1991. He practised in commercial litigation where he had conduct of the Maxwell Litigation. He transferred to the bar in 1995 and has a particular interest in discrimination law. He appears regularly in tribunals for both respondents and claimants. Spencer Keen was called to the Bar of England and Wales in 1998. His first tribunal case was a disability discrimination case and he has had a keen interest in disability discrimination ever since. He appears regularly in tribunals for both respondents and claimants. Prior to this Spencer qualified as a solicitor and barrister in Australia where he worked for one of Australia's largest law firms and was mentioned in Australian Legal Profiles shortly after his firm won the Australian Law Awards for the Best Employment Practice.

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Table of Contents

1 Introduction

A Introduction 1.01

B Legislative History 1.04

C European Community Law 1.25

D The Future: The Equality Bill 1.39

2 The Meaning of 'Disability'

A Introduction 2.01

B The Statutory Definition 2.02

C Physical or Mental Impairment 2.16

D Ability to Carry out Normal Day-to-day Activities 2.40

E Substantial Adverse Effect 2.58

F Long-term Adverse Effect 2.93

G Excluded Impairments 2.114

H Deemed Disabilities 2.126

I Proving Disability 2.130

3 Discrimination in Employment: The Ambit of Part II of the DDA 1995

A Introduction 3.01

B Who Is Protected? 3.07

C Discrimination Against Employees 3.54

D Discrimination Against Other Categories of Worker 3.124

E Who Is Liable? 3.163

4 The Duty to Make Reasonable Adjustments

A Introduction 4.01

B The Statutory Framework 4.04

C Step 1-Is the Person Entitled to Make a Claim? 4.14

D Step 2-How Does the Duty to Make Adjustments Arise? 4.19

E Step 3-What Adjustments Must an Employer Make? 4.58

F Step 4-Knowledge 4.135

G Obligations in Respect of Leases 4.161

H Cases Listed by Adjustment 4.183

5 Disability-related Discrimination

A Introduction 5.01

B The Statutory Definition 5.07

C Less Favourable Treatment 5.09

D The Disability-related Reason 5.24

E Justification 5.42

6 Direct Discrimination

A Introduction 6.01

B Statutory Definition 6.02

C The Reason for the Treatment 6.07

D The Comparator 6.11

E Proving Discrimination 6.30

7 Victimization

A Introduction 7.01

B Statutory Framework 7.04

C The Protected Acts 7.07

D Less Favourable Treatment 7.24

E By Reason of the Protected Act 7.29

8 Harassment

A Introduction 8.01

B Statutory Framework8.04

C Conduct for a Reason Related to Disability 8.07

D Unwanted Conduct 8.12

E The Purpose or Effect of the Conduct 8.20

F Harassment and Direct Discrimination 8.29

G Protection from Harassment Act 1997 8.31

9 Remedies

A Statutory Framework 9.01

B Compensation Awarded in Like Manner to a Claim in Tort 9.05

C Compensation for Financial Loss 9.15

D Compensation for Injury to Feelings 9.40

E Aggravated Damages 9.53

F Exemplary Damages 9.57

G Reductions and Increases in Compensation 9.60

H Pension Losses 9.74

I Compensation for Personal Injury 9.77

J Interest 9.84

K Declarations 9.89

L Recommendations 9.90

M Case Management of Remedies Hearings 9.94

10 Practice and Procedure in the Tribunal

A Introduction 10.01

B Statutory Disciplinary, Dismissal, and Grievance Procedures 10.03

C The New ACAS Disciplinary and Grievance Procedures 10.08

D Time Limits 10.13

E Proving Discrimination 10.53

F Compromise Agreements 10.89

G Reviews and Appeals 10.102

H Restriction on Publicity in Disability Cases 10.125

Appendix 1 Disability Discrimination Act 1995 277

Appendix 2 1996 No. 1455 Disabled Persons 359

Appendix 3 Employers' Forum on Disability 361

Appendix 4 Council Directive 2000/78/EC 373

Appendix 5 Disability Discrimination Act Cases 385

Index 393

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