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Claiming Disability Discrimination: Assessing Barriers to Justice


ISBN13: 9783031743863
To be Published: February 2025
Publisher: Palgrave Macmillan
Country of Publication: Switzerland
Format: Hardback
Price: £129.99



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.

Subjects:
Discrimination Law
Contents:
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