legal-island.com
Equality Law NI Update 2014
A Focus for Practitioners on Age and Disability Discrimination
Developmen
ts
and Tactics
in Age
and Disabilit
y
Cases
Hilton Hotel, Lanyon Place, Belfast
Friday 5th December 2014
Full Day Conference from 9:30am - 4:15pm
In association with
Including
Early Bird Offer Applies Book before Friday 24th October 2014
Do you work in the field of equality law?
Do you represent claimants or respondents at tribunal?
If so, this is a must-attend event.
We bring together leading practitioners from GB and NI in our ninth annual review of
NI equality law, this year with a focus on developments and tactics in age and disability
cases. The day is chaired by Beverley Jones, Senior Partner, from Northern Ireland’s
leading equality law firm, and our partners for this event, Jones Cassidy Brett.
What are the benefits of attending?
Price
• Learn from the experts on two of the most difficult
areas of equality law – age and disability.
Early Bird Rate: £395+VAT
(if booked by Friday 24th October)
• Barristers Brian McCluggage and Emily Neill outline
case law developments and their own tactics when
representing clients in tribunal. Brian and Emily are
both from Northern Ireland but work throughout the
UK, and have represented employers in some of
the leading age and disability cases.
Standard Rate: £450+VAT
• Learn how to implement these new tactics in an
afternoon case study run by JCB Senior Partners
Fiona Cassidy and Adam Brett. Brian and Emily will
‘judge’ the best arguments from employer and
employee sides.
• Get a round-up of all the other developments in
equality law in 2014, including the differences
between NI and GB, from leading equality law
expert and former Professor of Law at the
University of Ulster, Barry Fitzpatrick.
Who should attend?
This event is for experienced practitioners and
representatives, as well as those who have a
specialised interest in employment equality laws.
When and where?
9:30am - 4:15pm
Friday 5th December 2014
Hilton Hotel, Lanyon Place, Belfast
Pay online when booking
to save an additional £20.
How to Book Your Place
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Early Bird Offer Applies Book before Friday 24th October 2014
Programme
9:30am Introduction
Chair Beverley Jones, Senior Partner,
Jones Cassidy Brett
9:45am Age Discrimination:
Evidential and Tactical Steps for
Sucess
Emily Neill BL discusses tactics and
preparation for bringing or resisting age
discrimination claims, with an eye on new
case law and developments in the field.
10:45am Q&A
11:00am Networking and Break
11:30am Disability Discrimination –
Reasonable Adjustments: Evidential
and Tactical Steps for Success
Brian McCluggage BL, 9 St John Street
Chambers, Fee-Paid Employment Judge,
discusses tactics and preparation for
bringing (or resisting) reasonable
adjustment claims in disability cases, with
an eye on new case law and
developments in the field.
12:30pm Q&A
12:45pm Networking and Lunch
5Hours
CPD
Available
1:30pm Age and Disability
Discrimination Case Study: Applying
the Lessons
Senior Partners, Fiona Cassidy and Adam
Brett, Jones Cassidy Brett, set out a
practical employment case study dealing
with an alleged breach of both age and
disability discrimination laws in Northern
Ireland. Participants will work in teams for
either the claimant or respondent, to
develop their client’s case and identify
weaknesses in your opponent’s.
This exercise will be followed by discussion
facilitated by Adam and Fiona, where the
strengths and weaknesses of the various
legal arguments will be analysed in this
safe environment. Emily Neill BL and Brian
McCluggage BL will ‘sit in judgement’ and
declare the likely winning legal team.
3:00pm Networking and Break
3:15pm Discrimination Compendium
We highlight trends from the year and likely
developments in the broader employment
equality field in 2015 and beyond,
including key analysis of essential equality
case law from 2014, from NI to the CJEU,
and a focus on the increasing divergence
between GB and NI equality laws.
Signposting and analysis by Barry
Fitzpatrick, Equality Consultant.
4:15pm Finish
Speakers
Beverley Jones
Senior Partner, Jones Cassidy Brett Solicitors
Together with Fiona Cassidy,
Beverley set up the practice in
1993. Beverley has been
involved in significant
discrimination litigation most
notably the CJEU case of
Johnston v The Chief
Constable of the RUC. She has acted in Judicial
Reviews concerning discrimination in
education, challenges to statutory provisions
and employment related matters. Beverley
advises employers and employees on all
aspects of discrimination and equal pay law
both in the public and private sectors. She is
experienced in both age and disability
discrimination litigation. She and Fiona are
currently providing ongoing advice to local
government organisations on employment and
equality issues arising in the context of the
Review of Public Administration. Beverley is a
regular speaker at seminars and conferences
she has been described in the Chambers UK
Legal Directory as ‘a leader in the field of
employment law’ and is currently highlighted for
‘her encyclopaedic knowledge of employment
and equality law’.
Emily Neill BL
Blackstone Chambers, London
Emily is originally from
Northern Ireland and now
based in London in Blackstone
Chambers, renowned for its
broad employment and
discrimination, human rights,
public, commercial and EU law
practice. Emily was called to the Bar in 2008
(England and Wales); 2012 (Northern Ireland)
and she practices across all of Chambers
practice areas. She has been involved in a
number of high profile employment and
discrimination disputes. Earlier this year she
represented the group of women Liberal
Democrats who have alleged sexual
harassment against the Lib Dem peer Lord
Rennard in a mediation with Lord Rennard and
the Party. Amongst her cases is Seldon v
Clarkson Wright and Jakes (2012) UKSC 16, in
which Emily was Junior Counsel for the
successful Respondent in the Supreme Court in
an age discrimination claim arising out of a
mandatory retirement age in a partnership
agreement. This is the first substantial case
seeking to justify a mandatory retirement age
for a partnership and the case law arising out of
the dispute has established a number of
general principles governing the justification of
direct age discrimination. Emily continued to
successfully represent the Respondent at the
remitted hearing before the Employment
Tribunal in early 2013 and the Employment
Appeal Tribunal in May 2014. She has acted
and advised in a range of other age
discrimination cases.
Brian McCluggage BL
9 St John Street Chambers, Manchester;
Fee-Paid Employment Judge
Brian is originally from
Northern Ireland. After studying
law at the universities of
Cambridge and Toronto and
beginning his practice in
London, since 1997 he has
been based at 9 St John Street
Chambers in Manchester. Brian was appointed
a fee paid/part-time Employment Judge in 2010
and has been regional “Treasury Counsel” for
government cases in the north of England since
2002. First and foremost an advocate, he has a
general civil practice, mainly in the High Court
and County Court and has substantial
experience in employment tribunal litigation all
over Britain, with a few cases in Ireland. He is
adept at dealing with medical evidence and
causation issues. He is renowned as a robust
and skilful cross-examiner and advocate who is
meticulous in preparation of his cases. Recent
cases include Baker v Totesport where he
defeated a £700,000 disability claim from a
senior manager arising from the privatisation of
the Tote and where a £100,000 costs order was
obtained against the claimant, upheld by the
Employment Appeal Tribunal.
Fiona Cassidy
Senior Partner, Jones Cassidy Brett Solicitors
Fiona is an experienced
solicitor specialising in
employment, discrimination
and administrative law. She is
a Senior Partner in Jones
Cassidy Brett and she acts for
both claimants and
respondents in litigation. Her experience
includes acting for the Claimants at the
European Court of Human Rights in Tinnelly &
Sons v UK. She has extensive experience of
advising on policy issues in both the public and
private sectors. Her client base is broad
covering many public, manufacturing, financial
and voluntary sector bodies. She is extensively
involved with Beverley in advising on the Review
of Public Administration. She has contributed to
academic publications and to the Equality
Commission’s publication Harassment at
Work. Fiona is a regular speaker at
conferences/seminars including in house
training. Fiona has been described by
Chambers UK legal directory as a “leader in the
field” and is praised by sources, with one
stating that because of her ability “you wouldn't
want to be on the other side from her.”
Adam Brett
Senior Partner, Jones Cassidy Brett Solicitors
Adam joined Fiona and
Beverley from Pinsent Mason
in 2013 to create JCB
solicitors. He advises on a
wide range of employment
and discrimination matters,
especially to employers. He
has advised on many disability claims both in
Tribunals and the County Court. He is interested
in the complex interaction between
discipline/grievance, stress, depression and
disability. He has extensive experience in the
education sector. Adam also has a particular
interest in advising public and private sector
employers on TUPE/SPC, and on the
increasing divergence of employment law
between GB and NI and provides training and
seminars on these and other issues. Adam has
been described in Chambers UK Legal
Directory as a“leader in the field” of
employment law and “one of the most
experienced lawyers in the jurisdiction” and “an
all-rounder with an excellent client base”.
Barry Fitzpatrick
Equality Consultant
Barry now operates out of
Belfast as Barry Fitzpatrick
Consulting and is a qualified
solicitor. He had an academic
career in England (1979-94)
before becoming Professor of
Law at the University of Ulster
(1995-2002). He was Head of Legal Policy and
Advice at the Equality Commission from 200205, had an earlier period of consultancy from
2005-08 and worked for Citizens Advice (200809) and the NI Council for Ethnic Minorities
(2009-11) before returning to consultancy.
He was a part-time Chairman of Industrial
Tribunals from 1998-02 and has been Deputy
Chairman of the Industrial Court from 2001,
where he is now Acting Chairman.
What our delegates said about
this event in previous years:
“An excellent course; very
worthwhile, highly relevant and
useful to anyone working in HR
or employment law.”
Lisa Sturgeon Solicitor, Napier & Sons Solicitors
“Excellent speakers, each
extremely knowledgeable. This
event was well worth the price of
admission.”
Claire Anderson HR Advisor, CCEA
“All the presenters were adept at
conveying detailed and complex
information in a way that was
interesting, thought-provoking
and relevant.”
Patricia Carey Head of Equality & Human Rights,
OFMDFM