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Categories:
Employment Law
Human Rights, Civil Liberties & Public Law
Governance & Service Provision
CPD Points:
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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:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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 two part podcast series aims to examine the public sector equality duties and the cuts. It will look at the key statutes and guidance that surround the duty and also the case law and the rulings that pertain to the duty. It also examines the new law and the general structure of the act.

Outcomes:
After completing the course you will:
  • Know why the public sector equality duties are currently gaining the attention of the media;
  • Appreciate why the duty is potentially a very important tool in litigation but also potentially problematic;
  • Know which statutes are relevant in this context;
  • Know what ministerial powers are outlined in the acts;
  • Understand what is involved in the publication of a Disability Equality Scheme;
  • Know the codes of practice that may be of assistance in this context;
  • Appreciate where the key guidance is located and what it recommends;
  • Understand the possible outcomes of an EIA;
  • Understand the key case law pertaining to the application the duty;
  • Know what was decided in the case of R(Elias) v the Secretary of State for Defence [2006];
  • Know why advertence is pertinent in this context.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Legislative Updates
Practical Guide
Procedural
Sources and References:
  • Race Relations Act 1976;
  • Disability Discrimination Act 1995;
  • Sex Discrimination Act 1975;
  • Disability Discrimination (Public Authorities)(Statutory Duties) Regulations 2005 SI No 2966;
  • Race Relations (Statutory Duties) Order 2006 SI No 2471;
  • Sex Discrimination (Public Authorities)(Statutory Duties) Order 2006 SI No 2930;
  • Equality Act 2006;
  • Brent LBC v Corcoran [2010] EWCA Civ 774;
  • R (Primrose) v Secretary of State for Justice [2008] EWHC 1625;
  • R(Rutter) v Stockton on Tees Borough Council [2008] EWHC 2651;
  • Baker v Secretary of State for Justice [2010] EWHC 147;
  • R(Harris) v LBC of Haringey [2010] EWCA Civ 703;
  • R(Equality and Human Rights Commission) v Secretary of State for Justice [2010] EWHC 147;
  • Brown v Secretary of State for Work and Pensions [2008] EWHC 3158;
  • R(Elias) v Secretary of State for Defence [2006] EWCA Civ 1293;
  • R(C) v Secretary of State for Justice [2008] EWCA Civ 882;
  • R (Eisai) v National Institute for Health and Clinical Excellence [2007] EWHC 1941;
  • R(Kaur and Shah) v London Borough of Ealing [2008] EWHC 2062;
  • R(Isaacs) v Secretary of State for Local Government [2009] EWHC 557;
  • R(Lunt) v Liverpool City Council [2009] EWHC 2356;
  • R(Meany) v Harlow District Council [2009] EWHC 559.
Tags:

In this two part CPDcast series Elisabeth Laing QC, a barrister at 11KBW, discusses the public sector equality duties and the cuts.

In part one she examines why the duty is currently gaining the attention of the media and how the issue fits in with the Equality Act. She analyses the relevant statutes in this context and the key codes of practice and guidance. She then goes on to discuss recent case law as it pertains to the application of the duty, whether the duty is to achieve a particular result, that the duty is non-delegable and continuing, and the relevance of pertinence.

In part two, she continues to examine the case law namely the importance of context and the budgetary limits, whether an EIA is required, the use of the codes of practice and what remedies might be available. She concludes the podcast by looking at the new law.

Podcast last reviewed: 2012-05-28

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