Discrimination law series, sessions 1 - 5

The discrimination law series deals with the relevant practice, strategy and tactics in preparing and presenting a discrimination claim in the employment tribunal.

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

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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: PDF icon 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]?
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Session 2: Disability

This is the second session in the five-part discrimination law series and examines disability in relation to discrimination claims.

Resources: PDF icon 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".

 
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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: PDF icon 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

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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: PDF icon Discrimination law series, session 4 presentation

Topics covered in this session include:

  • Grievances

  • ACAS conciliation services

  • Judicial mediation

  • Judicial assessment

  • Dispute resolution appointment

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Session 5: The final hearing

This is the fifth session in the five-part discrimination law series and examines the final hearing

Resources: PDF icon 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.

Details

Year of Publication

Type of Resource

Date of publication

Friday, October 6, 2023

Area of law

Date last reviewed

Friday, October 6, 2023