Podcast Location:
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Employment Law
CPD Points:
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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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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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  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Course Aims:

This, the first in a new series of discrimination law podcasts with Spencer Keen and Richard Oulton, aims to analyses recent updates in the law regarding employee rights and discrimination. This podcast aims to familiarise the listener with recent judicial and legislative developments, covering firstly comparators in part time employee discrimination. The speakers then go on to discuss a number of discrimination decisions on race, age, disability and statutory developments in the Equality Bill and Religion and Belief Regulations.

After completing the course you will:
  • Understand what type of comparator is required under the Part Time Worker Regulations;
  • Know whether to start a claim the status of 'part time worker' must be the predominant cause of any less favourable treatment;
  • Have a recent update on race discrimination;
  • Know whether the EAT is the appropriate tribunal to enforce a judgment against an ex-employer for discrimination;
  • Know the meaning of the word 'likely' in the context of future disability or impairment under the Disability Discrimination Act 1995;
  • Be reminded of the time limits when bringing an action under Schedule 3 Disability Discrimination Act 1995;
  • Know when times begins to run on a claim resulting from an omission to make reasonable adjustments;
  • Understand what is meant by 'a normal day to day activity' for the statutory definition of disability;
  • Know when a work activity can be said to be 'a normal day to day activity';
  • Have an update on whether taking into account length of service in redundancy decision is discriminatory;
  • Be up to date on recent developments in discrimination on the grounds of religion and belief.
Intermediate Difficulty: 3 of 5
Case Update
Sources and References:
  • Carl v The University of Sheffield [2009] UKEAT 0261_08_1505 (15 May 2009);
  • Equal Pay Act 1970;
  • Regulations 3, 4, 5 The Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 SI No. 1551;
  • Gibson v The Scottish Ambulance Service [2004] UKEAT 0052_04_1612;
  • P Sharma & Others v. Manchester City Council [2008] UKEAT 0561_07_0403;
  • Rank Nemo (DMS) Ltd & Ors v Coutinho [2009] EWCA Civ 454;
  • Disability Discrimination Act 1995;
  • SCA Packaging Ltd v Boyle (Northern Ireland) [2009] UKHL 37;
  • Schedule 1 Disability Discrimination Act 1995;
  • Schedule 3 Disability Discrimination Act 1995;
  • Matuszowicz v Kingston Upon Hull City Council [2009] EWCA Civ 22;
  • Cachón Navas v Eurest Colectividades SA [2006] IRLR 706;
  • Paterson v Commissioner of Police of the Metropolis [2007] IRLR 763;
  • Bourne v ECT Bus CIC [2009] UKEAT 0288_08_3103;
  • Chief Constable of Dumfries & Galloway Constabulary v. Adams [2009] UKEAT 0046_08_0304;
  • The Incorporated Trustees of the National Council on Ageing (Age Concern England) v Secretary of State for Business, Enterprise and Regulatory Reform (Case C-388/07) 'Heyday';
  • Rolls-Royce Plc v Unite the Union [2009] EWCA Civ 387;
  • The Employment Equality (Age) Regulations 2006 (Amendment) Regulations 2008 SI No. 573;
  • The Employment Equality (Religion or Belief) Regulations 2003;
  • Equal Treatment Framework Directive 2000/78/EC;
  • Equality Act 2006;
  • McClintock v Department of Constitutional Affairs [2007] UKEAT 0223_07_3110;
  • Campbell And Cosans v United Kingdom [1982] 4 EHRR 293 Nicholson v Grainger Plc ET/2203367/08.

In this podcast, Spencer Keen and Richard Oulton discuss several new cases and legislative developments in employment discrimination. This podcast will look at updates in race, disability, age and worker status discrimination. It also briefly addresses discrimination on the basis of religion or belief and developments in the Equality Bill as it passes through Parliament.

Podcast added: 20/08/09

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

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