Claiming Disability Discrimination

Research shows that when accessing and retaining work, and when seeking promotion, disabled people often face discrimination and disadvantage that can be unlawful. Obtaining a remedy is no easy matter as, although access to justice and a fair public hearing are key human rights, disabled claimants often face barriers in Employment Tribunals.

Using a unique and bespoke dataset, this book examines the factors that determine the outcome of these cases in British Employment Tribunals. These factors include the impact of case and claimant characteristics, the effect of public sector employment, what happens to disability discrimination claims when they contain claims for other types of discrimination such as race discrimination, and the distinctiveness of a claim for a failure to make a reasonable adjustment. The book concludes by proposing reforms to the legal system, government policy and wider social change, along with suggestions for future research. It will be of great interest to scholars and students of disability discrimination, as well as the broader fields of employment relations, EDI, HRM and labour studies.

Provides insight into factors that affect access to justice, which is a key human rights issue Applies real world data to academic theory Offers unique analysis and proposes changes to current legal provision in Britain

Autorentext

Laura C. William is an Associate Professor of Employment Relations and Equality at the University of Greenwich, UK, specialising in equality legislation.

Susan Corby is a Professor Emeritus at the University of Greenwich, UK, concentrating on disability discrimination.

Birgit Pauksztat is a Research Professor at Nordland Research Institute and a Professor at Nord University, Norway, with a focus on organisational sociology.

Klappentext

In providing a comprehensive analysis of the experiences and outcomes of those who bring a claim of disability discrimination under the Equalities Act 2010, this book identifies key barriers to justice faced by disabled people when seeking legal redress. The authors further provide a series of carefully considered recommendations to policy-makers for legal and labour market reforms. The study marks a major contribution to the study of disability discrimination, and the limits of current regulation.

• Ian Cunningham, Professor of Employment Relations, University of Strathclyde

Research shows that when accessing and retaining work, and when seeking promotion, disabled people often face discrimination and disadvantage that can be unlawful. Obtaining a remedy is no easy matter as, although access to justice and a fair public hearing are key human rights, disabled claimants often face barriers in Employment Tribunals.

Using a unique and bespoke dataset, this book examines the factors that determine the outcome of these cases in British Employment Tribunals. These factors include the impact of case and claimant characteristics, the effect of public sector employment, what happens to disability discrimination claims when they contain claims for other types of discrimination such as race discrimination, and the distinctiveness of a claim for a failure to make a reasonable adjustment. The book concludes by proposing reforms to the legal system, government policy and wider social change, along with suggestions for future research. It will be of great interest to scholars and students of disability discrimination, as well as the broader fields of employment relations, EDI, HRM and labour studies.

Laura C. William is an Associate Professor of Employment Relations and Equality at the University of Greenwich, UK, specialising in equality legislation.

Susan Corby is a Professor Emeritus at the University of Greenwich, UK, concentrating on disability discrimination.

Birgit Pauksztat is a Research Professor at Nordland Research Institute and a Professor at Nord University, Norway, with a focus on organisational sociology.

Inhalt

Chapter 1. Introduction and key concepts.- Chapter 2. Disabled people in the UK's labour market and Conservative government policy: a critique.-Chapter 3. The legal framework.- Chapter 4. Research methods: our approach to socio-legal research.- Chapter 5. Features of cases and outcomes at the Employment Tribunal.- Chapter 6. Representative bureaucracy and disabled employees in the British public sector.- Chapter 7. Employment Tribunal claims for failure to make reasonable adjustments.- Chapter 8. Intersectional claims at the Employment Tribunal.- Chapter 9: Barriers to justice and the way forward.