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One CPD hour

Spencer Keen

Spencer was called to the Bar in 1998. Since appearing in his first case, a disability discrimination claim, he has specialised in employer's liability law. He provides contentious and non-contentious advice and representation in all areas of employer's liability, from employment law to health and safety.

Spencer has considerable experience litigating discrimination cases and Oxford University Press recently published the first edition of his book, Disability Discrimination in Employment, which he co-wrote with another barrister, Richard Oulton.

Cases and Publications

• Gill v Humanware [2010] All ER (D) 28
• Spencer represented the Respondent in the Court of Appeal. The Appellant, a barrister, was appealing against a wasted costs order that was made against her, by the EAT, in her absence.

• X v Mid Sussex Citizen’s Advice Bureau [2009] EWCA Civ 340
• This is an ongoing case that has already been in the Court of Appeal and the EAT.  Spencer is being led by John Lofthouse and is representing the Appellant who has applied for a reference to the ECJ.  The Appellant argues, amongst other things, that the European Directive 2000/78 EC applies to persons in “occupation” and, that therefore, the DDA should provide protection to volunteers in the Appellant’s position.

• Gill v Humanware UKEAT/0312/08
• Spencer successfully represented the Appellant who alleged bias against the tribunal chairman at first instance.  This case also concerned the proper approach to take to constructive dismissal claims.

• Mehta v Ealing Primary Care Trust EAT PA/0687/08/RN and PA/0686/08/RN
• Spencer represented the Appellant on an expedited full hearing of an appeal from a case management order refusing a claimant permission to amend his claim.

• Shepherd v New Southern Railway Ltd UKEAT/0562/06/CEA
• This case concerned whether the Respondent was estopped, at a hearing on liability, from asserting facts contrary to those found at a pre hearing review.  It also concerned the proper approach to reasonable adjustments claims under the Disability Discrimination Act 1995

• Lucek v Impact Disk UKEAT/0357/06/MAA
• This was an appeal from a decision of an Employment Judge not to accept an ET3.  The question was whether the judge had properly exercised his discretion and provided sufficient reasons for his decision.  Spencer represented the Appellant.

• Drain v Penguin Foods UKEAT/0329/04
• This appeal concerned a constructive dismissal claim and considered the requirement for tribunals to consider the events leading to a resignation cumulatively.

• Disability Discrimination in Employment, Oxford University Press, Spencer Keen and Richard Oulton, ISBN 019923227X (see www.disability-discrimination.com)
• Articles Beating the Clock: Time Limits in Reasonable Adjustments Cases, NJL, No 977, 10 July 2009
• Crossing the Line: Should a criminal yardstick be used to judge civil harassment claims? 159 NLJ 41120 March 2009
• Blame it on the Dog: how Malcolm has Re-defined the Test for Disability Related Discrimination, NLJ, No. 1216, 05 Sept 2008
• At What Point does the Burden of Proof Shift in Reasonable Adjustments cases, NLJ, No.7292, 12 Oct 2007

• Disability discrimination and the Equality Act
• The duty to make reasonable adjustments
• Using comparators in discrimination claims