In this episode, Nils explains the role of the defence case statement in criminal litigation, outlining its key purpose and why precision in drafting is so important. Sam explores a recent Employment Tribunal decision involving direct discrimination against male police officers, and discusses how organisations can promote inclusion through positive action without creating legal risk.

Key Takeaways:

• The defence case statement in criminal litigation outlines the defendant's strategy and requests for evidence.
• A well-measured defence is more effective than a broad one.
• Recent ET case found male officers were unlawfully discriminated against when removed to rebalance gender representation.
• Good intentions around diversity do not justify decisions based on protected characteristics.
• Risk that employers may retreat from EDI due to fear of claims, as employee rights awareness increases.
• EDI policies remain important and can evidence reasonable steps to prevent discrimination.
• Employers should avoid positive discrimination, carry out impact assessments, and document objective, consistent decision-making.

Seminars & Events:

https://www.chadwicklawrence.co.uk/seminars/business-services-seminars/

Contact Us:

BoxHR@chadlaw.co.uk

SamPawson@chadlaw.co.uk

NilsODonoghue@chadlaw.co.uk

LinkedIn: ⁠⁠⁠www.linkedin.com/company/employment-law-chadwick-lawrence-llp/

Chapters:

(⁠⁠00:00⁠⁠) Introduction

(⁠⁠01:07) What's in Your Inbox?

(⁠⁠01:18) The Defence Case Statement in Criminal Litigation

(⁠⁠06:52) EDI in Practice: Promoting Inclusion Without Creating Legal Risk

(13:40) Out the Office!