Disability Discrimination in Employment

by Keen, Spencer; Oulton, Richard

• ISBN13: 9780199232277
• ISBN10: 019923227X
• Edition: 1st
• Format: Paperback
• Copyright: 2009-05-15
• Publisher: Oxford University Press

Summary

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.

Author Biography

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

Introduction
Introduction	p. 1.01
Legislative History	p. 1.04
European Community Law	p. 1.25
The Future: The Equality Bill	p. 1.39
The Meaning of 'Disability'
Introduction	p. 2.01
The Statutory Definition	p. 2.02
Physical or Mental Impairment	p. 2.16
Ability to Carry out Normal Day-to-day Activities	p. 2.40
Substantial Adverse Effect	p. 2.58
Long-term Adverse Effect	p. 2.93
Excluded Impairments	p. 2.114
Deemed Disabilities	p. 2.126
Proving Disability	p. 2.130
Discrimination in Employment: The Ambit of Part II of the DDA 1995
Introduction	p. 3.01
Who Is Protected?	p. 3.07
Discrimination Against Employees	p. 3.54
Discrimination Against Other Categories of Worker	p. 3.124
Who Is Liable?	p. 3.163
The Duty to Make Reasonable Adjustments
Introduction	p. 4.01
The Statutory Framework	p. 4.04
Step 1-Is the Person Entitled to Make a Claim?	p. 4.14
Step 2-How Does the Duty to Make Adjustments Arise?	p. 4.19
Step 3-What Adjustments Must an Employer Make?	p. 4.58
Step 4-Knowledge	p. 4.135
Obligations in Respect of Leases	p. 4.161
Cases Listed by Adjustment	p. 4.183
Disability-related Discrimination
Introduction	p. 5.01
The Statutory Definition	p. 5.07
Less Favourable Treatment	p. 5.09
The Disability-related Reason	p. 5.24
Justification	p. 5.42
Direct Discrimination
Introduction	p. 6.01
Statutory Definition	p. 6.02
The Reason for the Treatment	p. 6.07
The Comparator	p. 6.11
Proving Discrimination	p. 6.30
Victimization
Introduction	p. 7.01
Statutory Framework	p. 7.04
The Protected Acts	p. 7.07
Less Favourable Treatment	p. 7.24
By Reason of the Protected Act	p. 7.29
Harassment
Introduction	p. 8.01
Statutory Framework	p. 8.04
Conduct for a Reason Related to Disability	p. 8.07
Unwanted Conduct	p. 8.12
The Purpose or Effect of the Conduct	p. 8.20
Harassment and Direct Discrimination	p. 8.29
Protection from Harassment Act 1997	p. 8.31
Remedies
Statutory Framework	p. 9.01
Compensation Awarded in Like Manner to a Claim in Tort	p. 9.05
Compensation for Financial Loss	p. 9.15
Compensation for Injury to Feelings	p. 9.40
Aggravated Damages	p. 9.53
Exemplary Damages	p. 9.57
Reductions and Increases in Compensation	p. 9.60
Pension Losses	p. 9.74
Compensation for Personal Injury	p. 9.77
Interest	p. 9.84
Declarations	p. 9.89
Recommendations	p. 9.90
Case Management of Remedies Hearings	p. 9.94
Practice and Procedure in the Tribunal
Introduction	p. 10.01
Statutory Disciplinary, Dismissal, and Grievance Procedures	p. 10.03
The New ACAS Disciplinary and Grievance Procedures	p. 10.08
Time Limits	p. 10.13
Proving Discrimination	p. 10.53
Compromise Agreements	p. 10.89
Reviews and Appeals	p. 10.102
Restriction on Publicity in Disability Cases	p. 10.125
Disability Discrimination Act 1995	p. 277
1996 No. 1455 Disabled Persons	p. 359
Employers' Forum on Disability	p. 361
Council Directive 2000/78/EC	p. 373
Disability Discrimination Act Cases	p. 385
Index	p. 393
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