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Employment Law & Practice (LPC) Workshop 10 $3.86
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Employment Law & Practice (LPC) Workshop 10

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Employment Law & Practice (LPC) - FULL & Comprehensive DISTINCTION level Notes - full notes bundle produced and used in 2020 in the online delivered classes. These large group and workshop notes have also been used by ULaw and BPP students. The notes include all the content for each class and in hi...

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  • October 5, 2020
  • 11
  • 2020/2021
  • Class notes
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By: atrayeede • 3 year ago

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LEGAL PRACTICE COURSE

Employment Law

Workshop 10


Topic(s):
 Discrimination (2)


Learning Outcomes:
By the end of this session you will be able to:
 Apply discrimination law to a factual situation
 Identify relevant discrimination claims from a set of facts and advise on their merits
 Understand and advise on the evidential issues and appropriate remedies relating to
discrimination claims


Session Activities:
 Review the dress code considered pre-session and discuss the discrimination issues
arising from it
 Consider further factual situations and advise on the discrimination issues


Materials Attached:
 Pre-session task: memorandum attaching dress code policy
 In session task: further memorandum requesting advice on potential discrimination
claims


Preparation for Session:
 Review LG 6 and 7
 Re-read articles on Practical Law entitled ‘Discrimination in employment: overview’ and
‘Discrimination in employment: compensation and other remedies’
 Re-read ss. 4-6, 9-13, 19, 26, 27 and 109 EA10
 Provide answers to the pre-session task for detailed discussion in class


Post-Session:
 Consolidate your learning in the session




docs_414233919.docx 1/11 © City, University of London 2019

,-Remember the 6 PCs we cover on the module & the prohibited conduct claims (direct,
indirect, victimisation and harassment)
-But remember for disability there are 2 additional claims DAFD (s.15) and failure to make
reasonable adjustments (s.21)

Structure
-Merits
-Practical advice
-Remedies




1) Back up the claim with a specific statute
2) What is the legal test for that claim
3) Evidence= breaking down the
claim, what evidence is there
4) Defend= what might the R argue in
relation to the claim
5) Advice= whether claim is likely to
succeed, reasonable/strong
prospects


docs_414233919.docx 2/11 © City, University of London 2019

, 1) Respond is more likely to have more evidence, so if advising claimant tell which
evidence will most likely be helpful

2) Deadline: date (3months forward, back 1 day, from the discriminating act, subject to
reconciliation procedure)

3) Steps: see if the claimant is still employed, if yes, then consider internal grievance,
information Qs to the R


Remedies – there are 3
(1) Declaration
(2) Recommendation
(3) Compensation




docs_414233919.docx 3/11 © City, University of London 2019

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