Welcome and introduction
- Setting objectives for the day
Equality Act update
- Government amendments to the Equality Act 2010
- Harassment from third parties
- Evidence and the burden of proof
- Direct and indirect discrimination
- Discrimination law and human rights
Case study 1: bullying and harassment
Participants will be presented with a scenario in which a manager is accused of discriminating against a member of his team. He is accused of ‘having a problem with women’ and treating this particular team member in an offensive and patronising way. The task will be to consider a number of problems that have arisen in the course of the investigation including a number of witnesses who support the allegation but want their anonymity protected. Participants will be asked to assess the strength of the case and advise on the appropriate outcome.
Case law update: disability
- The meaning of disability
- Unfavourable treatment
- Justifying discrimination
- The duty to make reasonable adjustments
Case study 2: disability-related absence
Mark has been off sick with a stress-related condition for six months now and is discussing the terms on which he will be able to return. He wants to reduce his hours on a permanent basis so that he can arrive for work an hour later than everyone else so as to avoid the morning rush hour and leave early to avoid the evening rush hour. His manager is worried that this would place an unfair burden on colleagues as first thing in the morning is often a very busy time.
Participants will be asked to assess the factors to be taken into account in deciding whether to grant Mark’s request, focussing specifically on whether he has a disability and whether there is a duty to make reasonable adjustments.
Case law update
- Religion and belief in the workplace
- Age discrimination and the defence of justification
- Equal Pay comparisons
- The ‘material factor’ defence
- Justifying differences in pay