10 - Advancing Psychosocial Diversity Using Contract and Unfair Dismissal Laws

Summary

This chapter moves away from identifying regulatory gaps and proposing reforms, and instead analyses how existing laws could provide an imperfect remedy for those who are not protected by anti-discrimination laws. Unfair dismissal options protect all workers against certain forms of dismissal.[1] This remedy seeks to address unfair contractual treatment and not discriminatory treatment. A positive element of these provisions is that there is no need to prove disability, or come out with a disability if it is invisible. This is a huge benefit for those who have a range of abilities which may not qualify as a disability under anti-discrimination laws, or who may desire not to identify as having a disability to themselves, their families or their employers.