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Description - Disability Discrimination in Employment by Spencer Keen

There have been sweeping changes to disability legislation in recent years. Disability Discrimination in Employment considers the impact of the Disability Discrimination Act 2005 which gives disabled people greater employment rights and protection, and also requires public bodies to promote equality of opportunity for disabled people. The authors also analyse the additional guidance on the definition of disability which came into force in May 2006 to update the 1996 guideline, as well as the effects of the Equality Act 2006 and the Equality and Human Rights Commission. Disability Discrimination in Employment is an invaluable guide for employment lawyers. Written for those advising both claimants and respondents, it provides a clear, accessible and thorough account of this complex area of law. Incorporating the most recent legislative changes and case law, this guide is a useful tool for those practising in the tribunal as well as for those providing non contentious advice. This book provides a comprehensive, practical and up to date overview of litigating discrimination claims in the employment tribunal, the Employment Appeal Tribunal, and the Higher Courts.The authors analyse the important cases which cover issues such as: general guidance on the approach to disability discrimination cases; mental impairments; compensation in disability claims; and reasonable adjustments and knowledge. Disability Discrimination in Employment provides a lucid distillation of the concepts set out in the legislation and allows practitioners quick access to key cases and materials. Invaluable practical advice, checklists, information on relevant procedural rules, and useful precedents are presented in a clear and accessible format alonside the relevant legislation and case law. As well as being extensively cross-referenced throughout each chapter contains a useful summary of the law, a list of relevant cases, a list of statutory provisions and references to the Code of Practice and Guidance. The appendices contain a copy of Part II of the Disability Discrimination Act 1995 marked up to show the legislative changes as well as copies of the Guidance and the Code of Practice.

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Book Details

ISBN: 9780199232277
ISBN-10: 019923227X
Format: Paperback
(234mm x 156mm x 24mm)
Pages: 420
Imprint: Oxford University Press
Publisher: Oxford University Press
Publish Date: 1-Dec-2008
Country of Publication: United Kingdom

Book Reviews - Disability Discrimination in Employment by Spencer Keen

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Book Review: Disability Discrimination in Employment by Spencer Keen - Reviewed by (30 Dec 2009)

Whether you are advising a claimant or respondent, employment law in all its complexities can present a formidable challenge, especially in discrimination claims. ‘Writing this book has felt a little like trying to catch leaves in the autumn, ’declare the authors, Keen & Oulton in their 400 page paperback. ‘As the winds of change have continued to gust through this area of the law, it seems as though [we] have been standing under the tree for a very long time indeed’. They caught the leaves for us!

Quite so! Which explains better than we can why, if you are an employment lawyer, you should know about –and buy -- the descriptively titled ‘Disability Discrimination in Employment’ recently published by OUP in 10 chapters with 5 appendices. Confronted with the grim realities of an employment tribunal, you will certainly find this book an invaluable help in preparing for it if you have not covered this aspect of equality policy before.

“Keen & Oulton” contains everything you need to know -- in particular, about running a disability discrimination claim, or defending one, both in terms of procedure and substantive law, and there is a masterful index with excellent detail.

And if you’re providing non-contentious advice, the book lends your deliberations and opinions the weight of well nigh unassailable authority.

For convenience and, of course, for the efficient conduct of a case, the book allows quick access to key cases and materials and summarises and distills the concepts set out in the legislation.

Appendices include the Disability Discrimination Act 1995, Parts I, II, and VIII, and Schedules 1 to3, as amended; the Framework Directive for Equal Treatment in Employment and Occupation,; and the Disability Communication Guide produced by the Employers’ Forum on Disability. You’ll also find a list of cases from the Employment Appeal Tribunal, Court of Appeal, and House of Lords, organized by reference to disability.

Distinguished for its logical structure and plain language, the book deals in detail with all the issues pertinent to this complex and evolving area of law including: the meaning of disability…the duty to make reasonable adjustments … victimization … harassment … remedies, and a very helpful chapter on practice and procedure in the tribunal- and much more for the practitioner in this new litigation area.

As you would expect from an excellent work of reference like this, there are extensive tables of cases, legislation, statutory instruments and European legislation.

If you practice regularly or even occasionally in this difficult and often sensitive area, having access to this indispensable book could well make all the difference in helping you achieve a positive outcome for your client, and you will certainly catch all the leaves as they fall.

Author Biography - Spencer Keen

Richard Oulton qualified as a solicitor in 1985. He joined Travers Smith, and was made a partner in 1991. He practised in commercial litigation where he had conduct of the Maxwell Litigation. He transferred to the bar in 1995 and has a particular interest in discrimination law. He appears regularly in tribunals for both respondents and claimants. Spencer Keen was called to the Bar of England and Wales in 1998. His first tribunal case was a disability discrimination case and he has had a keen interest in disability discrimination ever since. He appears regularly in tribunals for both respondents and claimants. Prior to this Spencer qualified as a solicitor and barrister in Australia where he worked for one of Australia's largest law firms and was mentioned in Australian Legal Profiles shortly after his firm won the Australian Law Awards for the Best Employment Practice.