William, Laura ORCID: 0000-0002-1985-7640 , Corby, Susan ORCID: 0000-0002-7702-3425 and Pauksztat, Birgit (2024) Claiming disability discrimination: Assessing barriers to justice. Palgrave MacMillan. (In Press)

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Abstract

Our research objective was to understand if there were indications of barriers to justice for disabled claimant bringing claims for disability discrimination to the Employment Tribunal in England and Wales. To this end we set four sub research questions, which were used to guide the empirical chapters of the book.
1) Do certain features of the claim and characteristics of the claimants indicate barriers to justice and do these affect the outcome of the claim?
2) Is employment in the private sector as opposed to the public sector an indication of a barrier to justice?
3) Do claims for a failure to make a reasonable adjustment fare differently at ET given the need to pass additional legal tests and if so, does that indicate a barrier to justice?
4) Do claims for multiple types of discrimination indicate a barrier to justice for disabled claimants?
To address this research objective and answer the research questions we structured the book as follows:
Chapter 1 sets out the introduction to the book and the key concepts which we draw on throughout the book, such as models of equality and models of disability.
Chapter 2 examines the current labour market position for disabled people. It shows the nature and extent of labour market disadvantage for disabled people and presents the Conservative government’s labour market policies to address this disadvantage. The chapter critiques current policy because it largely focuses on voluntary, supply side measures and largely igrnoes demand side factors.
Chapter 3 presents the legal framework in respect of disability. It starts by outlining the origins of disability legislation post World War Two and charts developments up to the current Equality Act 2010. Throughout the chapter the law is critiqued using the concepts and models presented in chapter one. We then outline the Employment Tribunal process and guide the readers through each stage.
Chapter 4 focuses on a brief summary of relevant socio-legal research methods and a discussion of the merits of undertaking an analysis of Employment Tribunal judgments. The methods and the data used for the study are presented.
Chapter 5 considers what has an impact on the outcome of a disability discrimination claim, for example whether the claimant has legal representation at the Employment Tribunal and the type of impairment, for instance a physical or mental health impairment. Throughout the chapter we draw on the theory of stigma, and hierarchies of impairment.
Chapter 6 presents data on whether the sector in which the claimant is employed plays a role in the outcome of the disability discrimination claim. We contrast the public with the private sector, draw on the literature of representative bureaucracy and consider the differences in legal provision for the private and public sector, namely the Public Sector Equality Duty which applies only to public authorities.
Chapter 7 focuses on claims when a reasonable adjustment has not been provided by the employer. It draws on case law to illustrate how the reasonable adjustment provisions work in practice. The chapter includes data that compares how reasonable adjustment claims fare compared to other forms of disability discrimination.
Chapter 8 focuses on intersectionality, that is cases where multiple types of discrimination are claimed, indicating that the claimant holds multiple minority identities. The Equality Act 2010 does not allow for intersectional discrimination, therefore, separate claims have to be made under different categories, such as race discrimination, sex discrimination and disability discrimination if one is a black disabled woman. We provide insight into the way multiple claims for discrimination fare at Employment Tribunal.
Chapter 9 presents our conclusions. It brings together the themes from the previous chapters and answers the research questions posed above and at various points throughout the book. The chapter then includes proposals for statutory reforms and enforcement reforms, while suggesting other approaches. The chapter ends by noting the limits of the law, the limitations of this research and suggesting future research avenues.

Item Type:	Book
Uncontrolled Keywords:	Disability discrimination, equality, justice, barriers to justice
Subjects:	H Social Sciences > H Social Sciences (General)
Faculty / School / Research Centre / Research Group:	Faculty of Business
Last Modified:	15 Jul 2024 08:32
URI:	http://gala.gre.ac.uk/id/eprint/47593

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