What Has Limited the Impact of UK Disability Equality Law on Social Justice?

The literature indicates that disabled workers in the UK experience more social injustice than UK workers as a whole, including in relation to employment rates and wage levels. Drawing on the author’s 2015 qualitative study of 265 disabled workers, this paper considers how successful the Equality Ac...

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Main Author: Rupert Harwood
Format: Article
Language:English
Published: MDPI AG 2016-11-01
Series:Laws
Subjects:
Online Access:http://www.mdpi.com/2075-471X/5/4/42
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author Rupert Harwood
author_facet Rupert Harwood
author_sort Rupert Harwood
collection DOAJ
description The literature indicates that disabled workers in the UK experience more social injustice than UK workers as a whole, including in relation to employment rates and wage levels. Drawing on the author’s 2015 qualitative study of 265 disabled workers, this paper considers how successful the Equality Act 2010 Reasonable Adjustments Duty has been in tackling this social injustice. It finds that in the context of the “flexible” labour force (consisting of insecure jobs), and the “reformed” welfare state, the Reasonable Adjustments Duty is ill-equipped to achieve its original purpose of reducing the substantial disadvantage that disabled workers face. As regards the “flexible” labour force, there appeared, for example, to be a strong reluctance to make reasonable adjustments for workers on zero hours contracts; while, as regards the impact of welfare reform, fear of being dismissed and facing benefit sanctions discouraged zero hours workers from pushing for adjustments which had been refused. The paper goes on to suggest a possible wording for a strengthened Reasonable Adjustments Duty. It concludes, however, that, without changes to unfair dismissal, and other labour laws, to address the wider iniquities of the flexible labour market, a strengthened duty will not be able to prevent a long term increase in social injustice for disabled workers.
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spelling doaj.art-1ff22c4a51414a4a8f1625f0a6582f642022-12-22T04:10:35ZengMDPI AGLaws2075-471X2016-11-01544210.3390/laws5040042laws5040042What Has Limited the Impact of UK Disability Equality Law on Social Justice?Rupert Harwood0Department of Human Resources and Organisational Behaviour, University of Greenwich, 30 Park Row, London SE10 9LS, UKThe literature indicates that disabled workers in the UK experience more social injustice than UK workers as a whole, including in relation to employment rates and wage levels. Drawing on the author’s 2015 qualitative study of 265 disabled workers, this paper considers how successful the Equality Act 2010 Reasonable Adjustments Duty has been in tackling this social injustice. It finds that in the context of the “flexible” labour force (consisting of insecure jobs), and the “reformed” welfare state, the Reasonable Adjustments Duty is ill-equipped to achieve its original purpose of reducing the substantial disadvantage that disabled workers face. As regards the “flexible” labour force, there appeared, for example, to be a strong reluctance to make reasonable adjustments for workers on zero hours contracts; while, as regards the impact of welfare reform, fear of being dismissed and facing benefit sanctions discouraged zero hours workers from pushing for adjustments which had been refused. The paper goes on to suggest a possible wording for a strengthened Reasonable Adjustments Duty. It concludes, however, that, without changes to unfair dismissal, and other labour laws, to address the wider iniquities of the flexible labour market, a strengthened duty will not be able to prevent a long term increase in social injustice for disabled workers.http://www.mdpi.com/2075-471X/5/4/42social justicedisabilityemploymentEquality Act 2010reasonable adjustments
spellingShingle Rupert Harwood
What Has Limited the Impact of UK Disability Equality Law on Social Justice?
Laws
social justice
disability
employment
Equality Act 2010
reasonable adjustments
title What Has Limited the Impact of UK Disability Equality Law on Social Justice?
title_full What Has Limited the Impact of UK Disability Equality Law on Social Justice?
title_fullStr What Has Limited the Impact of UK Disability Equality Law on Social Justice?
title_full_unstemmed What Has Limited the Impact of UK Disability Equality Law on Social Justice?
title_short What Has Limited the Impact of UK Disability Equality Law on Social Justice?
title_sort what has limited the impact of uk disability equality law on social justice
topic social justice
disability
employment
Equality Act 2010
reasonable adjustments
url http://www.mdpi.com/2075-471X/5/4/42
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