How to protect yourself against a discrimination claim

How to protect yourself against a discrimination claim

If you provide services to members of the public or members of the public visit your premises you will have an obligation to avoid unreasonably discriminating against them. This duty applies to a wide range of services. In this article, we discuss the duty borne by shops, stadiums, theatres, restaurants and the like as well as offices where the public visit. We have extensive experience in these types of property and are currently working on

• A new Arena, Hotel and multi storey Car parks in Swansea
• Racecourses for the Jockey Club
• New stores for a national sign company
• New stores for a bathroom supplier
• A small hotel which is a listed building
• A University
• Care homes
• A College for young adults with disabilities
• High street retailers
• High Street “drop in” medical centres
• Numerous shopping centres

Your duties

A person with a disability, has rights under the Equality Act 2010 which places a duty on service providers to ensure, as far as possible, that disabled people have the same access to such services as someone who is not disabled.

The impression that many people have is that this obligation applies to wheelchair users and means putting in ramps and lifts, nothing could be farther from the truth and this is a dangerous assumption to make. Although the figures are difficult to check a good estimate is that there are of the order of 11million people in the UK with a condition that would be regarded as a disability. Wheelchair users make up less than 5% of this total population. Other conditions such as angina, MS, visual and hearing impairments as well as learning disabilities and conditions such as autism and dyslexia are also, depending on their severity disabilities too (as are many other conditions) when thinking disability don’t just think wheelchairs.

An access audit

In many cases, when premises or services fall short of the obligations of the Act, the solution can be simple and not expensive. The barriers to service that you may exist can be identified in an access audit which is an on-site assessment of your building and the services you provide. This is a straightforward and non-disruptive inspection culminating in a detailed report that identifies barriers and makes recommendations to overcome them based on the law and associated codes of practice and other best practice guidance.

To have an audit and to be seen to be working on improvements it recommends is a good way to demonstrate you are taking the Act seriously. The audit will also assist in informing your staff about what is good, what needs attention and when the works of changes to procedures might take place. Bevans Chartered Surveyors and Access Consultants can produce these and provide training and ongoing advice to help you achieve the best service delivery you are able to reach in a measured practical and cost-effective way.