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2. What do I have to do?From 2 December 1996 a service provider must not discriminate against a disabled person because of their disability. Most service providers have the interests of their customers at heart. So the responsibilities placed on them by the first duties may make little difference to the way they already run their business. These duties are unlikely to cost anything, but they might require some service providers to change their approach to disabled customers. 2.1 What is discrimination?You may be breaking the law if you treat a disabled person less favourably than someone else because of his or her disability, except in specific circumstances (Follow this link for more details ). You must not:
2.2 Who is disabled?The Act says someone is disabled if their disability makes it difficult for them to carry out normal day-to-day activities. The disability must be more than temporary. It has to have lasted a year, or be likely to last at least a year, to count. For example, someone who uses a wheelchair or has difficulty in walking, someone who is deaf, someone who has significantly impaired speech, someone who is blind or partially sighted, someone who has continuing treatment for diabetes, someone with epilepsy, someone who has a learning disability or someone who has a mental illness, is disabled. Also protected by the Act are people who have a severe disfigurement. And someone who was once disabled but has since recovered, such as someone who has recovered from a mental illness, is still protected. The Act also covers someone whose condition might initially have only a slight effect on their ability, but is likely to get worse, such as people with cancer, HIV infection or multiple sclerosis. 2.3 When is it wrong to refuse to serve a disabled customer?You do not have to be an expert on disability. In most cases there will be no question about whether or not someone is disabled. The Government has published statutory guidance explaining who is covered by the Act’s definition of disability, and the courts must take into account any of it which is relevant. You must not refuse to serve, or deliberately avoid serving, a disabled customer for any reason related to their disability. For example: What if someone else can provided better service?You cannot refuse to serve a disabled customer because you think
that another service provider may cater better for them. You could still be breaking the
law, even if you think that you are being helpful to a disabled customer, by not serving
them. For example: Can I ever refuse to serve a disabled customer?Yes. You may still be able to refuse to serve a disabled customer as long as your reasons have nothing to do with their disability and you would refuse to serve other customers in the same circumstances. For example: 2.4 What does “slower standard or worse manner of service” mean?It means a service provider must not offer a disabled customer a lower standard of service than they would offer other customers. And a service provider must not be less polite to a disabled customer because of their disability. For example: Do I have to stock special products and items for disabled customers?No. To avoid providing a lower standard of service does not mean that you have to stock special items for a disabled customer or change the service you normally provide for customers in general. For example: 2.5 What does offering “less favourable terms” mean?You cannot offer a disabled customer worse terms than you would offer other customers. You cannot, for example, charge more for the same service or restrict the way the service is used because of a customer’s disability. For example: Can I treat a disabled customer better than other customers?Yes. You are allowed to make disabled customers feel particularly welcome, or do more for them than you do for others. For example: You can also offer disabled people better terms. For example: |
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