Mobilizing anti-discrimination law: the litigation strategies of UK and French trade unions compared

Abstract

Based on cross-national comparative research conducted in France and the United Kingdom, this article explores to what extent and under what conditions trade unions situated in different legal systems have turned to the courts to challenge discrimination at work. It investigates the interplay between a broad range of structural factors that offer specific opportunities, and the way in which trade unionists interpret contexts to promote legal mobilization in addition to or in place of other repertoires of action. In so doing, the article contributes to the understanding of anti-discrimination law enforcement and the role of micro-level actors in enabling litigation strategies.