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Obligations of service providers not to discriminate

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Service providers are prohibited, under the EqA 2010, from discriminating as follows:

  • Direct discrimination;
  • Indirect discrimination;
  • Discrimination arising from disability;
  • Harassment
  • Victimisation;
  • Reasonable adjustments, failure to comply.

Discrimination by service providers

A service provider is prohibited from discriminating against a person with a protected characteristic (9 protected characteristics) in the following ways:

  • No provisions for the person requiring the service, goods or facilities
  • No provisions of a qualitative service, goods or facilities which are usually provided to the public.
  • No provisions for the person with the service, goods or facilities in the manner usually provided to the public;
  • Withdrawing/terminating the service, goods or facilities that a person requires;
  • And subjecting a person to a disadvantage;
  • Harassment of persons requiring the services, goods or facilities.

Reasonable adjustments

Service providers have a positive obligation to make reasonable adjustments for all disabled persons who want to access the service provider's services. The duty is to be pro-active and anticipate any likely hurdles that disabled persons may encounter.

The disadvantage may be in the form where a physical feature puts disabled persons generally at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled. For example, a bus operator that does not make reasonable adjustments for wheelchair users, would be in breach of the Equality Act 2010.

Which court?

Proceedings for discrimination in provision of services, goods and facilities must be brought in the County Court

RASHMI CHOPRA
SOLICITOR AT SCOTT MONCRIEFF & ASSOCIATES

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