The Legal Framework

Laura William (), Susan Corby () and Birgit Pauksztat ()
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Laura William: University of Greenwich
Susan Corby: University of Greenwich
Birgit Pauksztat: Nordland Research Institute

Chapter Chapter 3 in Claiming Disability Discrimination, 2024, pp 35-56 from Springer

Abstract: Abstract This chapter focuses on the employment provisions in the Equality Act 2010 that outlaw disability discrimination and explains how claims of disability discrimination are adjudicated in the Employment Tribunal. We begin by briefly discussing the nature of the law and distinguishing between a positivist and a constructionist approach and relate these debates to the Equality Act 2010. We next provide an overview of disability legislation in Britain from the Disabled Persons Employment Act 1944 to the Equality Act 2010 as formulated at the time of our research. Throughout the chapter we refer back to our key concepts from Chap. 1 : concepts of equality, stigma and models of disability, to offer a critique of the legislation. The complex Employment Tribunal process is then explained: the composition of the Employment Tribunal, the prehearing stage, the preliminary hearing, full hearing and remedies, including detail on compensation for injury to feelings known as the Vento bands. Also included in this chapter are the latest available statistics on key aspects, such as the success rates of disability discrimination cases and the compensation awarded if successful. We conclude by pointing to the failings of the law and its application, a discussion to which we return in our final chapter.

Keywords: Disability discrimination; Employment Tribunal; Enforcement; Equality Act 2010; Law; Legislation (search for similar items in EconPapers)
Date: 2024
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Persistent link: https://EconPapers.repec.org/RePEc:spr:sprchp:978-3-031-74387-0_3

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DOI: 10.1007/978-3-031-74387-0_3

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