Podcast Location:
Download it here [file size: 19.4 MB]
Categories:
Employment Law
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
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Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast provides an introduction to remedies in disability discrimination for practitioners who are either approaching the area for the first time, or returning after a break of two years or more. Disability discrimination since the Disability Discrimination Act 1995 has blossomed as a source of litigation for employment lawyers and few can afford to ignore the developments covered in this podcast.

Outcomes:
After completing the course you will:
  • Understand fully the range of remedies available under s.17 of the DDA 1995;
  • Know the test which the tribunal will apply in assessing whether a remedy should be awarded;
  • Be aware of the distinctions in foreseeablility of loss after Essa v Laing;
  • Distinguish 'Old job facts' from 'New job facts';
  • Know how injury to feelings is compensated after Vento.
Level:
Beginner Difficulty: 1 of 5
Classification:
Case Update
Introduction
Legal Principles
Sources and References:
  • Rookes v Barnard (No 1) [1964] UKHL 1;
  • Vento v Chief Constable of West Yorkshire Police [2003] ICR 318;
  • Miles v Gilbank [2006] IRLR 538;
  • ICTS (UK) Ltd v Tchoula [2000] UKEAT 1107_99_1502;
  • Dunnachie v Kingston-upon-Hull [2004] UKHL [2005] IRLR 891;
  • Greenhoff v Barnsley Metropolitan Borough Council [2006] UKEAT 0093_06_3105;
  • Compensation for loss of pension rights for tribunals 3rd Ed.;
  • AON Training Ltd & Anor v Dore [2005] IRLR 891;
  • Greater Manchester Police & Anor v Hope [1998] UKEAT 1131_97_1201;
  • Laing Ltd v Essa [2004] ICR 746;
  • Fife Council v McPhee EAT/750/00;
  • Disability Discrimination Act 1995;
  • Race Relations Act 1976;
  • Law Reform (Contributory Negligence) Act 1945".

This podcast looks at the remedies available where a finding of discrimination on the grounds of disability is made. Analysis is given of declaratory, compensatory or recommendation remedies, the test to be applied in each and some of the case law in this relatively new area of employment law. The process for calculating quantum of damages is not as straightforward as might be assumed, especially in light of the recent case of Dunnachie and the decision in Vento regarding injury to feelings.

Podcast Added: 20/02/2009

NB: This podcast is currently under review following the enactment of the Equality Act 2010

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