Ask an Ealing Expert - Louise Taft of JR Jones Solicitors

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Discrimination claims aren't just about employees

I recently dealt with a claim against a local business by a disabled customer who thought that she had been treated differently than able bodied customers.

All providers of goods and services, which would include almost all businesses, are acting unlawfully if they treat disabled customers differently than they would able bodied customers. They also have a duty to make reasonable adjustments to their premises or the way they provide the goods and services to remove difficulties caused by a disability.

At its simplest, this might be providing a ramp to help wheelchair users get up a step or relaxing a ban on dogs in your premises to allow guide dogs. What is reasonable depends on the circumstances, which would include the size of the business and the premises.

It is also unlawful to discriminate against customers, both directly and indirectly on grounds of their sex, race, sexual orientation and religion or belief.

Direct discrimination is treating someone differently because of their sex, race etc. Indirect discrimination is where a feature of the sex, race etc. means that it is harder for the customer to comply with your policy or practice. So if you only stocked certain goods on a very high shelf, women who couldn’t reach them might have an indirect discrimination claim because women tend to be shorter than men.

Businesses can best protect themselves against claims by having an equal opportunities policy and training their staff to follow it. It is a good opportunity to remind staff that customer service is essential. Writing the policy will make you think about what aspects of your business might be indirectly discriminating against certain groups. After all, you don’t want to exclude potential customers!

January 24, 2008