Discrimination Law

Disability Discrimination Law and Case Management, 1st edition

Edited by Karen Jackson · Lydia Banerjee
Law Society Publishing May 2013

Specifications

ISBN-13
9781907698606
Publisher
Law Society Publishing
Publication
May 2013
Format
Paperback , 240 pages
Jurisdiction
U.K. ? Countri(es) for reference only

Details

This new title comprehensively examines the law of disability discrimination post-Equality Act 2010 with an emphasis on practically managing disability in the workplace and an examination of litigation case management.

The book comprises of a thorough overview of the law including up-to-date cases, together with a chapter devoted to mental health disabilities and a case study showing how the law may be applied in practice. Sample documents are provided.

This comprehensive book:

  • provides a background to the law pre-Equality Act 2010 and the key changes since the Disability Discrimination Act 1995
  • outlines the key elements of disability discrimination law including the new section 15 provision, discrimination arising from a disability, together with a lengthy chapter on the reasonable adjustments duty
  • addresses other legal aspects of disability including harassment and victimisation, perception and associative discrimination, pre-employment health questions and adjourning proceedings for ill health
  • addresses ending the employment relationship, reasonable adjustments on termination, capability dismissals, PHI, pay and ill health retirement
  • contains an overview of the tribunal process around disability discrimination claims including hearing preparations and precedents for use in the process
  • provides relevant extracts from statute as appendices with online links to guidance and other resources.

This work will be regularly updated online to ensure you are kept up-to-date with the latest developments in the law as they arise.

Table of Contents

Part 1 - Disability discrimination: The law;
1. The definition of disability;
2. Direct disability discrimination, associative discrimination and discrimination by perception;
3. Section 15 discrimination arising from disability;
4. Reasonable adjustments;
5. Indirect disability discrimination; 
6. Other prohibited conduct: harassment, victimisation and other unlawful acts;
7. Other legal aspects of disability in the workplace;
8. Termination of employment;
9. Mental health disabilities;
Part 2 - Case study;
10. Managing disability in the workplace: case study;
Part 3 - Litigation case management;
11. The tribunal process;
12. Bringing a claim;
13. Responding to a claim;
14. Settlement;
15. The process for determining disability;
16. Preparation for a hearing;
17. The hearing; 
Appendices.

About the Author

Karen Jackson is a solicitor who is an expert in disability discrimination law and other health-related issues in employment. Her particular focus is on mental health disabilities. Her boutique firm, didlaw, specialises in disability discrimination work and undertakes claimant and respondent work. She has a high profile both in the media and in the provision of training. She is a regular writer and speaker on the subject.

Lydia Banerjee is a commercial and employment specialist practising from Littleton Chambers. She draws on her own experience as both a commercial director and charity trustee to ensure that her advice is practical and sensitive to the issues in the case. Lydia is regularly instructed in relation to issues of disability discrimination.

The authors have worked together on a number of disability discrimination cases.

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