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Employment Law
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30 minutes of audio
(+ optional 5 minute online quiz)
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Course Aims:

This podcast aims to give an update to practitioner on the recent case law on what comparators should be used in disability discrimination cases and to what extent knowledge of the disability by employers is required in such cases. It is aimed at employment practitioners or those wishing to gain an insight into the area.

After completing the course you will:
  • Understand how to identify appropriate comparators in cases of different types of disability discrimination under the Disability Discrimination Act 1995;
  • Understand the changes made to the law by the recent House of Lords case, Lewisham v Malcolm;
  • Understand what the position was before the recent House of Lords case;
  • Understand what level of knowledge an employer is required to have of a disability for a claim to be brought;
  • Understand when employers will be found to have the requisite knowledge.
Intermediate Difficulty: 3 of 5
Case Update
Practical Guide
Sources and References:
  • Disability Discrimination Act 1995;
  • Clark v Novacold [1999] IRLR 318, CA;
  • London Borough of Lewisham v Malcolm [2008] UKHL 43;
  • Paterson v Commissioner of Police for the Metropolis [2007] IRLR 763;
  • High Quality Lifestyles v Watts [2006] IRLR 850;
  • O'Neill v Symm & Co Ltd [1998] ICR 481;
  • Heinz v Kenrick [2000] ICR 491;
  • London Borough of Hammersmith and Fulham v Farnsworth [2000] IRLR 691;
  • Taylor v OCS Ltd [2006] IRLR 613;
  • Ridout v TC Group [1998] IRLR 628;
  • Richmond Adult Community College v McDougall [2008] IRLR 227.

In this podcast Spencer Keen and Richard Oulton discuss how to identify appropriate comparators in disability discrimination cases given the recent trends in case law. They also discuss whether there is a requirement that the employer has knowledge of the disability and what kind of knowledge is required. Both Spencer and Richard are barristers at 5 Essex Court and specialise in employment law.

Podcast Added: 09/12/2008

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