Representative Bureaucracy and Disabled Employees in the British Public Sector

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 6 in Claiming Disability Discrimination, 2024, pp 91-111 from Springer

Abstract: Abstract The focus of this chapter is a comparison of disability discrimination claims in the private and public sectors. For this comparison, we undertook an analysis of over 750 disability discrimination claims lodged at the Employment Tribunal in England and Wales. Taking into account the number of disabled people in each sector, we found that disabled employees in the British public sector lodge more claims of discrimination at Employment Tribunals than their private sector counterparts, yet their claims are more likely to fail at a full hearing. We argue that this finding is because disabled employees in the British public sector are more aware of equality issues than their private sector counterparts, subjectively perceiving discrimination. Yet the policies and practices that result from representative bureaucracy, that is, higher levels of representation and formal policies, and the equality duties found only in the public sector, result in judges mostly finding that disability discrimination in the public sector has not occurred, compared to such discrimination in the private sector.

Keywords: Disability discrimination; Employment Tribunal; Equality Act 2010; Public sector; Representative bureaucracy; Stigma (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_6

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DOI: 10.1007/978-3-031-74387-0_6

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