Disability discrimination claims are one of the most commonly faced by businesses and organisations in the hospitality sector. Here specialist solicitor Rebecca Billinge provides guidance for businesses, discussing their obligations under the Equality Act. Rebecca also provides a case example to highlight the importance that businesses meet their obligations.

Rebecca explains what is meant by "making reasonable adjustments" and their importance in avoiding claims of discrimination.

If you're a business looking for more information or guidance on your responsibilities or would like help defending a claim please visit:

https://www.stephensons.co.uk/site/bu...

For more information relating to disability discrimination claims whether you feel you have been the victim of unfair treatment or would like help in defending a claim please visit:

https://www.stephensons.co.uk/site/in...

Video transcript

Hi, my name's Rebecca Billinge and I'm a senior associate solicitor in the discrimination law team here at Stephensons.

The Equality Act 2010 protects individuals against discrimination by businesses and other organisations that provide goods or services. This can include pubs, bars, and restaurants based on one or more of the protected characteristics.

The most common cause for complaint for discrimination in the hospitality sector are claims of disability discrimination. Section 6 of the Equality Act 2010 states that a person is disabled if they have a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out day-to-day activities.

Some disabilities are more visible than others, such as someone who has a mobility impairment who may present with a wheelchair, compared to other disabilities which may be more hidden, such as mental health conditions, autism, epilepsy, or multiple sclerosis.

2All kinds of disabilities can cause potential issues or challenges to service users and customers from simple issues, such as access for those who are mobility impaired, to more complex problems, such as low light and high noise levels for those who have sensory difficulties.

The case of Hosegood v. Khalid outlines that service providers need to be very careful about the assumptions that they make about how a disabled person might be affected by a particular situation.

In this particular case, the claimant was a wheelchair user who also suffered from spondylosis and stomach cancer. He decided to visit his local restaurant, and when he arrived, he noticed that there was a step leading up to the restaurant entrance.

Upon seeing the claimant's struggle when he arrived at the premises, the restaurant staff insisted in lifting and carrying the claimant over the step, which the claimant found to be humiliating and degrading.

As a result, the claimant was very distressed and he felt as though he could not stay for the reservation that he had made. Although in this case the restaurant staff offered to help the claimant
by lifting him over the step, a court concluded that he shouldn't have had to do this and that it was undignified for the restaurant staff to do this for the claimant.

Despite this having been a one-off incident in this case, the judge ordered the claimant an award of £3,000 by way of damages and a further award of £500 for aggravated damages.

Aggravated damages were awarded in this case because the judge felt that the restaurant staff had acted in an abusive and degrading way towards the claimant.

If you provide services in the hospitality industry, you must consider the accessibility of your services for individuals and what measures can be taken or should be taken to ensure that you are providing reasonable adjustments where necessary.

The duty to make reasonable adjustments is an anticipator duty. This means that your business
must think in advance about what is reasonably practicable, and to avoid the issue, and to not be forced to act reactively.

If a customer can prove that you haven't made reasonable adjustments and this causes them difficulty in accessing your services or premises, then they may have cause to bring a claim of discrimination against you.

Reasonable adjustments can include a wide variety of things. This could include by providing a portable ramp for somebody who has mobility difficulties, or by ensuring that the toilet facilities are accessible, or it could be such as adjusting the lighting for those who are visually impaired, or adjusting the lighting on a particular table or part of the restaurant, or it could be such as reducing the background music that you have playing for those who have sensory difficulties.

If you require any further advice or assistance in respect of your obligations to make reasonable adjustments, please do not hesitate to contact us.