Discrimination Law in 2017
The authoritative review of the most dynamic area of
employment law
Presented by the Equality and Human Rights Commission Scotland
In association with Equal Opportunities Review and Michael
Rubenstein Conferences Ltd
Monday 23 January 2017, Radisson Blu Hotel, Glasgow
Conference devised and chaired by Michael Rubenstein
 Keynote address: What’s so different about employment tribunals?
Judge Shona Simon, President of Employment Tribunals
(Scotland)
 Discrimination because of religion or belief and sexual orientation
discrimination
Robin Allen QC, Cloisters Chambers
 Sex and race discrimination: recent case law
Karon Monaghan QC, Matrix Chambers
 Disability discrimination: recent developments
Sean Jones QC, 11 KBW Chambers
 Pregnancy, maternity and parental rights
Rachel Crasnow QC, Cloisters Chambers
 Equal pay and age discrimination: new legislation and case law
Michael Rubenstein, Equal Opportunities Review
Why attend the Discrimination Law in 2017 conference
Discrimination continues to be the most dynamic part of our employment
law. Despite the fall-off in employment tribunal claims, each month brings
new developments of practical importance for policies and procedures. No
one who advises on employment law or equal opportunities can afford not
to keep abreast of these vital changes and their implications for
compliance.
Here are a few of the key recent or upcoming developments our
outstanding speakers will be exploring at this top-level conference:
 The employment tribunal system is under review in both Scotland and
in England & Wales, and major changes in the operation of ETs are
likely.
 The final version of the mandatory gender pay gap reporting
Regulations should be available and will be discussed at this
conference.
 The EU Court of Justice will be deciding whether it is contrary to EU
law for an employer to enforce a dress code prohibiting women from
covering their heads at work.
 The judicial review challenge to employment tribunal fees was
unsuccessful in the Court of Appeal, but fees are now under UK
Government review and the Scottish Government is pledged to
abolish them. The challenge itself is going to the Supreme Court.
 The Supreme Court has ruled that discrimination because of
immigration status does not amount to “nationality” discrimination.
 The Court of Appeal has ruled that absence management policies are
subject to the duty of reasonable adjustment.
 The EAT held that where an employee has become disabled and has
been assigned to a less well-paid position, it can be a reasonable
adjustment to protect the employee’s pay.
 Equal pay claims by shop workers comparing themselves to
warehouse workers are going through the tribunals and courts.
 The Court of Appeal has given guidance on determining employment
status and determining territorial jurisdiction under the Equality Act
2010.
 The Shared Parental Leave Regulations 2014 have come into force
heralding a radical shake up of the law.
 Judgment is awaited from both the Court of Justice and the Supreme
Court on whether a pension scheme can refuse to pay a pension to a
surviving civil partner at the same level as would have been paid to a
surviving spouse.
Programme
09.00
Registration and coffee
09.55
Welcome
10.00
What’s so different about employment tribunals?
Keynote address by Judge Shona Simon, President of
Employment Tribunals (Scotland)
10.45
Discrimination because of religion or belief and
sexual orientation discrimination
 Dress and appearance rules: CJEU decision on Islamic
headscarves
 What is a protected “philosophical belief”? EAT decision in
Harron
 Sexual orientation discrimination: latest decisions
 Retrospectivity of survivors’ benefits for same-sex couples
Robin Allen QC, Cloisters Chambers
11.30
Refreshments
11.50
Sex and race discrimination: recent case law
 Employment status under the Equality Act: the Court of Appeal
decision in Windle
 Territoriality under the Equality Act: the Court of Appeal
decision in Hottak
 Racial grounds: the Supreme Court decision in Taiwo
 Proving disparate impact: Essop and Naeem in the Supreme
Court
Karon Monaghan QC, Matrix Chambers
12.35
Lunch
13.20
Disability discrimination: recent developments
 Who is disabled? The EAT decision in Banaszczyk and the UN
Convention Knowledge of disability: implications of Gallop No.2
 Discrimination arising from disability: guidance from the EAT
 New decisions on the scope of the reasonable adjustment duty
Sean Jones QC, 11 KBW Chambers
14.05
Pregnancy, maternity and parental rights
 Shared parental leave where the law now stands
 Shared parental leave: policy lessons for employers and trade
unions
 Pregnancy and health and safety: the Otero Ramos case
 Pregnancy and maternity discrimination: latest case law
Rachel Crasnow QC, Cloisters Chambers
14.50
Break
15.10
Equal pay and age discrimination
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16.00
Mandatory gender pay gap reporting: analysing the Regulations
Private sector equal pay claims
Age discrimination: latest cases from the Court of Justice
A cost defence to age discrimination: where the law now stands
Michael Rubenstein, Equal Opportunities Review and
Industrial Relations Law Reports
Close of conference
CONFERENCE BOOKING FORM
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Please make cheques payable to Michael Rubenstein Conferences Ltd
and return to:
Kyle Mulholland, Equality and Human Rights Commission
2nd Floor, 151 West George Street, Glasgow, G2 2JJ
For more information or assistance with booking, please contact Kyle
Mulholland on 0141 228 5925 or
[email protected]
Cost:
£75 Inc. VAT
Free places may be available to charitable and voluntary organisations on
application.