A quantitative and qualitative analysis of sexual harassment claims 1995-2005

Lockwood, Graeme; Rosenthal, Patrice; Budjanovcanin, Alexandra

doi:10.1111/j.1468-2338.2010.00599.x

Cited by 6 publications

(8 citation statements)

References 22 publications

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“…This research found that only 14% of workers who took legal action used formal grievance procedures in an attempt to avoid recourse to legal action. Furthermore, research by Lockwood et al (2011) into sexual harassment litigation found that claimants' chances of success were heightened if an internal complaint had been made prior to commencing legal action.…”

Section: Resultsmentioning

confidence: 97%

“…One plausible explanation for multiple claims might relate to the costs of filing claims (which may encourage claimants to maximize the number of claims made in a case) and also to the particular nature of MHD, which often results in dismissal and people feeling victimised. However, it should be noted that the number of multiple claims is considerably lower in respect of disability than in the case of other jurisdictions; for example, in sexual harassment claims, 80% of cases included at least one additional complaint (Lockwood, Rosenthal, & Budjanovcanin, 2011). One reason for this might be that in disability discrimination a significant number of claims are brought by claimants who believe they were denied employment because of disability, rather than because of discrimination during employment.…”

Section: (Ii) Number Of Additional Legal Claims Broughtmentioning

confidence: 88%

“…A confrontational approach develops, which is costly for both the organisation and the individual. This is a situation that has been identified in other areas of discrimination, for example, in sexual harassment litigation in the UK (Hunt et al, 2007;Lockwood et al, 2011).…”

Section: (Iv) Nature Of Mhdmentioning

confidence: 94%

See 2 more Smart Citations

Challenging Mental Health Discrimination in Employment

Lockwood

Henderson²,

Thornicroft³

2013

Journal of Workplace Rights

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This article presents findings on mental health litigation brought to the Employment Appeal Tribunal (EAT) in Britain between 2005 and 2012. The data are presented in five main sections: (i) types of discrimination claims made; (ii) number of additional legal claims brought; (iii) categories of persons who bring cases to court; (iv) nature of disability claims subject to legal action; and (v) bases for appeal in EAT cases. The main focus of the study is to identify factors that influence the success or failure of legal action in order to help inform potential litigants as to how to construct a successful appeal.

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Section: Resultsmentioning

confidence: 97%

Section: (Ii) Number Of Additional Legal Claims Broughtmentioning

confidence: 88%

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Challenging Mental Health Discrimination in Employment

Lockwood

Henderson²,

Thornicroft³

2013

Journal of Workplace Rights

Self Cite

View full text Add to dashboard Cite

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“…that MHD is not claimed in the absence of other claims) requires further comment. One plausible explanation for multiple claims might relate to the costs of filing claims, which may encourage claimants to maximize the number of claims made in a case (Lockwood et al, 2011). Another explanation might be the particular nature of MHD, which often results in dismissal and people feeling victimized.…”

Section: Legal Issues In Eat Casesmentioning

confidence: 99%

“…However, it should be noted that the number of multiple claims is considerably lower in respect of disability than in the case of other jurisdictions. For example, 80% of cases in sexual harassment claims included at least one additional complaint (Lockwood et al, 2011). One reason for this might be that in disability discrimination, a significant number of claims come from claimants who believe they were denied employment because of disability, rather than arising from discrimination during employment.…”

Section: Legal Issues In Eat Casesmentioning

confidence: 99%

Mental health disability discrimination

Lockwood

Henderson

Thornicroft

2014

International Journal of Discrimination and the Law

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This article analyses data collected on mental health discrimination (MHD) litigation in Britain between 2005 and 2012. The data on MHD litigation are presented by an examination of the following: population of cases reaching the Employment Appeal Tribunal and the additional (to MHD) claims brought in the cases, findings relating to the characteristics of the claimant and respondent and the workplace and organizational context from which the legal action arises, the forms of the MHD being claimed and key legal issues arising from the analysis of case law. Results suggest that a substantial gap between law, policy and practice remains and that organizations are not being proactive enough in preventing and tackling the issue of MHD arising in the workplace.

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Addressing age stereotyping against older workers in employment

Bengtsson

2020

IJLMA

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Purpose The purpose of this paper is to report on an analysis of direct age discrimination cases by the Court of Justice of the European Union (CJEU) and the UK courts and employment tribunals over an 11-year period. The paper focusses upon age stereotyping towards older workers and analyses whether it is endorsed at the European level and/or national level. Design/methodology/approach This research has analysed a sample of 100 employment tribunal judgments concerning direct age discrimination together with 28 CJEU decisions on direct age discrimination. Findings This paper highlights that there are a number of cases in which age stereotyping has been endorsed at the CJEU level. By contrast, the UK courts and employment tribunals have adopted a more robust approach. Research limitations/implications The main limitation is that it only considers case law from the European Court and the influence on the UK case law, without analysing the eventual decisions of the other EU member states. Originality/value The paper contributes to the debate with regard to the approach of the CJEU and the UK courts and employment tribunals in tackling age stereotyping and is the first to examine the influence the CJEU decisions has had on the UK jurisprudence over the period studied.

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A quantitative and qualitative analysis of sexual harassment claims 1995-2005

Abstract: This article explores the organisational and legal context in which parties involved in claims relating to sexual harassment operate, and presents an analysis of the population of sexual harassment cases heard by Employment Tribunals between 1995 and 2005.

Cited by 6 publications

References 22 publications

Challenging Mental Health Discrimination in Employment

Challenging Mental Health Discrimination in Employment

Mental health disability discrimination

Addressing age stereotyping against older workers in employment

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