This series of sessions assumes a basic knowledge of the law relating to discrimination. It will not deal with remedies, which will be the subject of a future course in early 2024.
The session is presented by John Sprack, employment law trainer and former Employment Tribunal judge.
Discrimination law series
- arrow
Session 1: Identifying discrimination claims
-
This is the first session in the five-part discrimination law series and examines how to identify discrimination claims.
Resources: Discrimination law series, session 1 presentation
Topics covered in this session include:
- Handling the initial interview
- What claims are revealed?
- Protected characteristic[s]
- What form of discrimination
- Time limits
- Who is the Respondent[s]?
- arrow
Session 2: Disability
-
This is the second session in the five-part discrimination law series and examines disability in relation to discrimination claims.
Resources: Discrimination law series, session 2 presentation
Topics covered in this session include:
- Is the claimant disabled?
- Evidence of disability
- Procedure for determining disability
- Reasonable adjustments
- Something arising because of disability
Please note the following change since this resources was recorded: On the subject of "normal" day-to-day activities, since the tribunal can depart from EU case law, a new paragraph 5A has been inserted into Sch 1 of the EqA 2010 on 1 January 2024 stating that "normal day-to-day activities are to be taken as including references to the person’s ability to participate fully and effectively in working life on an equal basis with other workers".
- arrow
Session 3: Gathering and finalising evidence
-
This is the third session in the five-part discrimination law series and examines gathering and finalising evidence
Resources: Discrimination law series, session 3 presentation
Topics covered in this session include:
- Preparing a non-statutory questionnaire
- Seeking additional information
- Drafting the ET1
- Witness statements
- Preliminary hearings
- arrow
Session 4: Making use of alternative dispute resolution
-
This is the fourth session in the five-part discrimination law series and examines the use of alternative dispute resolution.
Resources: Discrimination law series, session 4 presentation
Topics covered in this session include:
-
Grievances
-
ACAS conciliation services
-
Judicial mediation
-
Judicial assessment
-
Dispute resolution appointment
-
- arrow
Session 5: The final hearing
-
This is the fifth session in the five-part discrimination law series and examines the final hearing
Resources: Discrimination law series, session 5 presentation
Topics covered in this session include:
-
Preparing the claimant
-
Disabled or vulnerable witnesses
-
Who goes first?
-
Burden of proof
-
Strategy
-
Combining discrimination and unfair dismissal
-
Submissions of no case to answer
-
Costs
-
For more on employment tribunals and employment law see the Employment law practice series.