Claiming Disability Discrimination

Assessing Barriers to Justice

Laura William, Susan Corby, Birgit Pauksztat

• Publisher: Palgrave Macmillan
• Year: 2025
• Print ISBN: 9783031743863
• eBook ISBN: 9783031743870
• Topic: Business
• Subtopic: Business Law
• Index: Business

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.

Table of contents

• Cover
• Front Matter
• 1. Introduction and Key Concepts
• 2. Disabled People in the UK’s Labour Market and Government Policy: A Critique
• 3. The Legal Framework
• 4. Research Methods: Our Approach to Socio-Legal Research
• 5. Features of Cases and Outcomes at the Employment Tribunal
• 6. Representative Bureaucracy and Disabled Employees in the British Public Sector
• 7. Employment Tribunal Claims for Failure to Make Reasonable Adjustments
• 8. Intersectional Claims at the Employment Tribunal
• 9. Barriers to Justice and the Way Forward
• Back Matter