Barriers to Justice and the Way Forward

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 9 in Claiming Disability Discrimination, 2024, pp 159-181 from Springer

Abstract: Abstract Our concluding chapter revisits key debates discussed earlier (i.e. the role of stigma; models of disability; concepts of equality), while answering our overarching research questions concerning indications of barriers to justice. The approach taken in this book was to determine whether there were indications of barriers to justice for disabled claimants when lodging claims for disability discrimination at the Employment Tribunal in England and Wales. We found that a lack of legal representation was a significant barrier to justice for disabled claimants, as was the complex definition of disability and strict time limits, particularly because judges frequently did not exercise their discretion to extend the time limit. We also found that claimants with mental health impairments encountered more challenges compared to those with other types of impairments. In response to these indications of barriers to justice, we provide suggestions for future reform: regarding the form of the law, methods of enforcement, labour market policies and, above all, with regard to societal change. We conclude with suggestions for future research in these key areas of disability discrimination and access to justice.

Keywords: Disability discrimination; Employment Tribunal; Equality Act 2010; Human Rights; Legal representation; Substantive equality (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_9

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DOI: 10.1007/978-3-031-74387-0_9

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