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
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
