Disability Discrimination in Employment

Disability Discrimination in Employment


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Disability Discrimination in Employment by Spencer Keen, Richard Oulton

There have been sweeping changes to disability legislation in recent years. Disability Discrimination in Employment considers the impact of the Disability Discrimination Act 2005 which gives disabled people greater employment rights and protection, and also requires public bodies to promote equality of opportunity for disabled people. The authors also analyze the additional guidance on the definition of disability which came into force in May 2006 to update the 1996 guideline, as well as the effects of the Equality Act 2006 and the Equality and Human Rights Commission.

Disability Discrimination in Employment is an invaluable guide for employment lawyers. Written for those advising both claimants and respondents, it provides a clear, accessible and thorough account of this complex area of law. Incorporating the most recent legislative changes and case law, this guide is a useful tool for those practicing in the tribunal as well as for those providing non contentious advice.

This book provides a comprehensive, practical and up to date overview of litigating discrimination claims in the employment tribunal, the Employment Appeal Tribunal, and the Higher Courts. The authors analyze the important cases which cover issues such as: general guidance on the approach to disability discrimination cases; mental impairments; compensation in disability claims; and reasonable adjustments and knowledge.

Disability Discrimination in Employment provides a lucid distillation of the concepts set out in the legislation and allows practitioners quick access to key cases and materials. Invaluable practical advice, checklists, information on relevant procedural rules, and useful precedents are presented in a clear and accessible format alongside the relevant legislation and case law.

As well as being extensively cross-referenced throughout each chapter contains a useful summary of the law, a list of relevant cases, a list of statutory provisions and references to the Code of Practice and Guidance. The appendices contain a copy of Part II of the Disability Discrimination Act 1995 marked up to show the legislative changes as well as copies of the Guidance and the Code of Practice.

Product Details

ISBN-13: 9780199232277
Publisher: Oxford University Press, USA
Publication date: 05/15/2009
Pages: 300
Product dimensions: 6.10(w) x 9.10(h) x 1.00(d)

About 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.

Table of Contents

1. Introduction
2. Employees, Contractors and Others
3. Meaning of Disability
4. Discrimination for a Reason Related to the Disability
5. Direct Discrimination
6. Failure to Make Reasonable Adjustments
7. Harassment and Victimisation
8. Justification and Reasonableness
9. Remedies in the Tribunal
10. Employment Tribunal Process
11. Employment Appeal Tribunal
12. Avoiding Discrimination as an Adviser
1. Useful Precedents
2. Useful Legislation
3. Guidelines Provided by Charitable Bodies
4. Case Summaries

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