3. Can I treat a disabled customer less favourably?

Yes, but only for the four reasons described below:

• health or safety
• when a disabled customer is unable to understand a contract
• when it would mean ruining or no longer providing the service
• when greater expense is involved in providing a special service
• for a disabled customer.

Your reasons for providing less favourable treatment in these circumstances must be genuine.

3.1 Health or safety

You can treat a disabled person less favourably if you reasonably believe that either the disabled customer or someone else may come to some harm if you did not. Your reason for providing less favourable treatment in these circumstances must be genuine.

For example:
A wheelchair user with a back injury wants to work out by using the weights in a gym. The supervisor believes the customer would be at risk of injuring herself. However, if the disabled customer informs him, that there is no risk because, for example, her doctor has advised that exercising will not strain her back, the supervisor must be ready to change his mind.

3.2 When a disabled customer is unable to understand a contact

You don’t have to enter into a contract with a disabled customer if you reasonably believe they are incapable of understanding the nature of the agreement or their legal obligations. This provides a degree of security for both you and the disabled person.

For example:
A person with a learning disability wishes to rent a television and video package. If the salesman believes the customer does not understand the nature of this agreement, for example, that continuing payments are involved - he is within the law in refusing to serve the customer.

This does not mean that you can refuse to serve any disabled customer because you do not think they understand the agreement. The customer may be able to understand simple transactions and only have difficulty with particularly complex ones.

For example:
While she is in the store the same customer wishes to purchase batteries for her personal stereo and she has the money to pay. It would not be reasonable in these circumstances for the salesman to believe that she did not understand what she was doing and he must sell her the batteries.

What is the disabled customer has someone acting on her behalf?

If someone is legally appointed to act on behalf of the disabled customer, for example under a power of attorney, you could not treat that person less favourably simply because the disabled customer could not understand the agreement.

3.3 When it would mean running or no longer providing the service

You can refuse to serve a disabled customer if you reasonably believe this would stop you from providing your service at all.

For example:
A theatre manager could refuse entry to a performance to someone who shouts due to a behavioural disorder, if this would ruin the show for others.

But you cannot refuse to serve a disabled customer simply because other customers would be put out or delayed if you didn’t.

For example:
Imagine you are serving at the counter in a busy shop when you are approached by a disabled customer who wishes to know about a particular product. Because of his disability he takes a long time trying to explain what he wants and a queue of customers builds up. You realise other customers are becoming impatient. You are tempted to tell the man to go to the back of the queue so as not to delay your other customers. You will be breaking the law if you do.

You may be able to provide a lower standard of service, or provide the service on worse terms, if you reasonably believe this is necessary in order to provide the service to the disabled customer or other customers.

For example:
A cinema owner has set aside a designated area on the ground floor for wheelchair users because the other floors are not accessible. Wheelchair users therefore have a restricted choice of seating, but this is necessary in order to provide the service to these disabled customers.

For example:
In order to allow a child who has difficulty in walking to join in a supervised treasure hunt, the organisers must limit the number of clues he gets. Otherwise there would not be enough time for him to complete the activity before he and the other children have to go home. The disabled child may be getting a lower standard of service, but this is necessary in order to provide the service to the other children.

3.4 Where greater expense is involved

You cannot charge a disabled customer more for the same service or goods that you supply to other customers.

What is it costs more to provide a special service or special goods?

Only if you reasonably believe it would cost you more, in material or labour, to provide a service to meet the particular needs of a disabled customer may you charge more to reflect that increased cost.

For example:
If you were a tailor making a special suit for a disabled customer, necessarily involving higher costs in more material and time, you would be able to charge more.

3.5 Who decides whether one of these four reasons applies?

It’s your opinion that matters. But it must be a reasonable opinion. You are expected to take account of all the information available to you at the time. If you get new information you must be prepared to change your mind.

What if my opinion turns out to be wrong?

You are not expected to be an expert on disability. The courts will accept your decision if you genuinely believed one of the reasons applied and it was reasonable for you to do so.

3.6 What if I have to take action under another law?

The Disability Discrimination Act does not overrule other legislation. If you have to take action under another law, that law takes priority. For example:
Under the 1988 Road Traffic Act the Driver and Vehicle Licensing Agency could refuse a driving licence to someone whose disability meant that he was likely to be a danger to other road users.

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Last updated: January 07, 2002.