Discrimination Law in 2017

Abstract smoke wavy banners.Friday 20 January 2017

Congress House, Great Russell Street, London WC1B 3LS

Conference devised by Michael Rubenstein

£449 + VAT

5 CPD Hours

For more information, contact:
augusta@rubensteinpublishing.com ;0844 800 1863


Dear Colleague,
For more than 20 years, I have organised for Equal Opportunities Review and the Trades Union Congress an annual conference on key issues in discrimination law.

The EOR-TUC conference is now open to discrimination lawyers, Government officials, equality and diversity specialists and others interested in attending the most authoritative review available of recent discrimination legislation and case law.

Join me and five of Britain’s leading discrimination law experts for a very special and exciting day. There will be comprehensive documentation for you to take away and refer to over the coming months.

I look forward to welcoming you in January.
Best wishes,
Michael Rubenstein
Publisher, 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 England & Wales and in Scotland, 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 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.

The regular conference delegate fee is £449 +VAT. There will be comprehensive documentation and the conference attracts 5 CPD hours. To reserve a place, contact augusta@rubensteinpublishing.com.Tel: 0844 800 1863

Representatives of TUC-affiliated organisations, local CABx, law centres and other voluntary organisations should book in the usual way through the TUC Equal Rights Department, Congress House, Great Russell Street, London WC1B 3LS (020 7636 4030) and through affiliated unions.



Friday 20 January 2016

08.45- Registration and coffee
 mary-bousted 09.25 – Welcome

Mary Bousted, TUC President


What’s so different about employment tribunals?
Keynote Address
Judge Shona Simon, President of Employment Tribunals (Scotland)

 crasnow 10.30

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



RA 11.30

Discrimination because of religion or belief and sexual orientation discrimination

  • Dress and appearance rules: CJEU decisions 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


Panel discussion:
Your chance to put your questions to the morning’s speakers



 mickey trees small 13.30

Equal pay and age discrimination

  • Age discrimination: latest cases from the Court of Justice
  • A cost defence: where the law now stands
  • Equal Pay Audits Regulations
  • Mandatory gender pay gap reporting: the Government’s proposals

Michael Rubenstein, Equal Opportunities Review and Industrial Relations Law Reports

SJ 14.10

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, 11KBW Chambers



KM 15.05

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


Panel discussion:
Your chance to put your questions to the afternoon’s speakers


Close of conference