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Justice obtained? How disabled claimants fare at Employment Tribunals

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  • Laura William
  • Birgit Pauksztat
  • Susan Corby

Abstract

This article explores disability discrimination cases at British Employment Tribunals. Analysing over 750 judgments, it examines the characteristics of claimants and the factors associated with the failure of cases: restrictive judicial decisions, complex legal tests, inequality of arms between claimant and employer and the stigma attached to claimants with mental impairments, providing some evidence for a hierarchy of impairments.

Suggested Citation

  • Laura William & Birgit Pauksztat & Susan Corby, 2019. "Justice obtained? How disabled claimants fare at Employment Tribunals," Industrial Relations Journal, Wiley Blackwell, vol. 50(4), pages 314-330, July.
    • Handle: RePEc:bla:indrel:v:50:y:2019:i:4:p:314-330
    DOI: 10.1111/irj.12260
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    References listed on IDEAS

    as
    1. Ioana Marinescu, 2011. "Are Judges Sensitive to Economic Conditions? Evidence from Uk Employment Tribunals," ILR Review, Cornell University, ILR School, vol. 64(4), pages 673-698, July.
    2. Laura C. William, 2016. "The implementation of equality legislation: the case of disabled graduates and reasonable adjustments," Industrial Relations Journal, Wiley Blackwell, vol. 47(4), pages 341-359, July.
    3. Deborah Foster & Peter Scott, 2015. "Nobody's responsibility: the precarious position of disabled employees in the UK workplace," Industrial Relations Journal, Wiley Blackwell, vol. 46(4), pages 328-343, July.
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    Cited by:

    1. Ivana Zilic & Helen LaVan, 2020. "Arbitration of accommodation in US workplaces: employee, stakeholder and human resources characteristics," Industrial Relations Journal, Wiley Blackwell, vol. 51(5), pages 454-473, September.
    2. Laura William & Wim Vandekerckhove, 2023. "Fairly and Justly? Are Employment Tribunals Able to Even Out Whistleblowing Power Imbalances?," Journal of Business Ethics, Springer, vol. 182(2), pages 365-376, January.
    3. Maryam Dilmaghani, 2022. "The link between smoking, drinking and wages: Health, workplace social capital or discrimination?," Industrial Relations Journal, Wiley Blackwell, vol. 53(2), pages 160-183, March.

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