Sexual Harassment Judgments by British Employment Tribunals 1995–2005: Implications for Claimants and their Advocates

Rosenthal, Patrice; Budjanovcanin, Alexandra

doi:10.1111/j.1467-8543.2010.00820.x

Cited by 4 publications

(1 citation statement)

References 30 publications

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“…A qualitative case by case analysis of the case records highlights age stereotyping by employers in the context of the claims brought to the ET and a range of literature has adopted this methodology (Leonard, 1987;Rosenthal and Budjanovcanin, 2011;Lockwood et al, 2011). A qualitative legal analysis was conducted in an effort to understand whether age stereotypes are being tackled by the ET and what factors, if any, are being used by the ETs which may reinforce stereotyping.…”

Section: Analysis Of Direct Age Discrimination Cases Heard By Employments Tribunals: 2006-2017mentioning

confidence: 99%

Age stereotyping: a legal and fieldwork analysis

Bengtsson

2019

IJLMA

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Purpose The purpose of this paper is to report on fieldwork observation of direct age discrimination cases within employment tribunal (ET) hearings over a three-year period. The observation focussed upon whether the witness evidence revealed age stereotyping by employers and whether the ET panel addressed the stereotyping in its questioning and in its judgments. The observation was combined with an analysis of jurisprudence relating to direct age discrimination over an 11-year period. Design/methodology/approach This research analysed a sample of 90 ET judgments concerning direct age discrimination, which included five fieldwork observation cases concerning direct age discrimination in an ET. Findings This paper opens a window on age stereotyping in the workplace, illuminating the existence of age stereotypes in the context of ETs and the approach of the courts towards stereotypes in the sample is analysed. Research limitations/implications The fieldwork observation is limited to one ET and may not necessarily be representative of all tribunals; however, the findings are supported by a wider qualitative analysis of ET judgments. Practical implications This paper provides pertinent learning outcomes for claimants, employers and key implications of legal decisions for human resource policy and practice in organisations. Originality/value The paper is the first to conduct fieldwork observation on age stereotyping in an ET, combined with a profile of direct age discrimination claims over the period studied.

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Section: Analysis Of Direct Age Discrimination Cases Heard By Employments Tribunals: 2006-2017mentioning

confidence: 99%

Age stereotyping: a legal and fieldwork analysis

Bengtsson

2019

IJLMA

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Enforcing rights in employment tribunals: insights from age discrimination claims in a new ‘dataset’

Blackham

2021

Legal stud.

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The online publication of employment tribunal (ET) decisions in England, Wales and Scotland marks a watershed moment, opening up new innovative avenues for legal research, and promoting transparency in labour law decision-making. Drawing on this ‘dataset’, and using age discrimination decisions as a lens to facilitate analysis, this paper reflects on the advantages and limitations of using online ET decisions as a data source to support labour law research. By considering matters of time in age discrimination decisions – both in relation to time limits for bringing a claim, and ET delays – this paper uses innovative empirical findings to map the limits of the individual enforcement model adopted by discrimination laws, and illustrates some of the barriers to successfully bringing a claim for discrimination.

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Online tribunal judgments and the limits of open justice

2021

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The principle of open justice is a constituent element of the rule of law: it demands publicity of legal proceedings, including the publication of judgments. Since 2017, the UK government has systematically published first instance Employment Tribunal decisions in an online repository. Whilst a veritable treasure trove for researchers and policy makers, the database also has darker potential – from automating blacklisting to creating new and systemic barriers to access to justice. Our scrutiny of existing legal safeguards, from anonymity orders to equality law and data protection, finds a number of gaps, which threaten to make the principle of open justice as embodied in the current publication regime inimical to equal access to justice.

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Sexual Harassment Judgments by British Employment Tribunals 1995–2005: Implications for Claimants and their Advocates

Cited by 4 publications

References 30 publications

Age stereotyping: a legal and fieldwork analysis

Age stereotyping: a legal and fieldwork analysis

Enforcing rights in employment tribunals: insights from age discrimination claims in a new ‘dataset’

Online tribunal judgments and the limits of open justice

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