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The Legal Framework

In: Claiming Disability Discrimination

Author

Listed:
  • Laura William

    (University of Greenwich)

  • Susan Corby

    (University of Greenwich)

  • Birgit Pauksztat

    (Nordland Research Institute)

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.

Suggested Citation

  • Laura William & Susan Corby & Birgit Pauksztat, 2024. "The Legal Framework," Springer Books, in: Claiming Disability Discrimination, chapter 0, pages 35-56, Springer.
    • Handle: RePEc:spr:sprchp:978-3-031-74387-0_3
    DOI: 10.1007/978-3-031-74387-0_3
    as

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