The Equality Act
2010 – a guide for
service users
The Equality Act 2010 – a guide for service users
This factsheet is part of our Your rights range. It is written for people with hearing loss who want to know about the Equality Act 2010.
The Equality Act brings together and replaces previous equality legislation such as the Disability Discrimination Act (DDA). It updates the law and strengthens it in important ways. You can find an introduction to it in our factsheet: The Equality Act 2010 – a summary guide.
This factsheet gives you information about some parts of the Equality Act: buying goods and using services or facilities, public functions, private clubs and buying and renting property. It also refers to insurance, transport and some other things that may be helpful. We tell you what to do if you think someone has discriminated against you. We have a separate factsheet about employment: The Equality Act 2010 – a guidefor employees.
There is a lot in the Equality Act that’s common to these different areas and some things that are different. For convenience we use the word ‘service provider’ when we’re referring to general things, such as the different forms of discrimination or how to make a claim.
Read this factsheet to find out: What is the Equality Act for?
Who has rights under the Equality Act? What is a service provider?
What is unlawful under the Equality Act?
When does discrimination happen in the provision of services? What is the duty to make reasonable adjustments?
When is it reasonable to make an adjustment? How does the Equality Act affect public functions?
How does the Equality Act affect private clubs and other associations? How does the Equality Act affect public transport and taxis?
How does the Equality Act affect insurance? Does the Equality Act cover premises? What is the Public Sector Equality Duty? What is positive action?
What is the Human Rights Act?
I think I’ve been discriminated against – what should I do now? Where can I get further information?
If you would like this factsheet on audio tape, in Braille or in large print, please contact our helpline – see the front page for contact details.
Disclaimer
This information is not legal advice and you should not rely on it as such. You should consider taking independent legal advice from a solicitor or other qualified legal adviser. Action on Hearing Loss does not accept any liability for any actions or failures to act, which you or anyone else may or may not take on the basis of the information contained in this factsheet.
What is the Equality Act for?
The Equality Act protects people from discrimination because of certain ‘protected characteristics’. These are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion and belief, sex and sexual orientation. This factsheet relates to disability. One of the aims of the act is to ensure that people who have disabilities, including people with hearing loss, can access services.
The Equality Act applies to England, Wales and Scotland but not Northern Ireland, where the DDA still applies (see page 29 for contact details of the Equality Commission for Northern Ireland). Most of the Equality Act came into force on 1 October 2010.
Who has rights under the Equality Act?
The Equality Act gives rights to people who have, or have had, a disability. This is defined as a physical or mental impairment which has a substantial and long term adverse effect on the ability to carry out normal day to day activities. If you met the definition under the DDA, you will be covered under the Equality Act.
‘Physical or mental impairment’ is not defined, but it includes a wide range of conditions. Sensory impairments – loss of sight or hearing – are physical impairments and are covered. In some circumstances, tinnitus is also covered by the definition. For detailed information on the definition, please see our factsheet The Equality Act – what is meant by disability?
In certain circumstances the act also protects people who are associated with a disabled person or are mistakenly thought to be disabled. This is explained in ‘Discrimination by association or
perception’ on page 6.
People who are not disabled may also be covered by the Equality Act if they are treated badly because they have made a complaint under the act or helped someone to do so. There is more information on this in ‘What is victimisation?’ on page 8.
What is a service provider?
A service provider is anyone who offers goods, facilities or services to the public (called ‘services’ for convenience). It does not matter whether the services are free or paid for. It does not matter how big or small the organisation is (one person or a large company) or who runs it; for example, government, a voluntary organisation or commercial business.
If you are not sure whether an organisation is a service provider, contact the EHRC helpline (see page 28).
Examples – providers of goods, facilities and services to the public
Banks, building societies and insurance companies.
Health services, including hospitals, GPs, dentists and opticians. Courts, solicitors, and advice and information services.
Local and central government services. Estate agents and private landlords
Accommodation agents, councils and housing associations.
Property developers, management agencies and investment companies. Cinemas, theatres, museums, art galleries and libraries. Railway and bus stations, airports and seaports, and travel agents.
Shops, restaurants, pubs and nightclubs. Mail order or telephone order businesses. Hotels, hostels and guesthouses.
Telecommunications and broadcasting services.
Organisations that offer goods and services through the internet. Churches, mosques, synagogues and other places of worship. Sports centres, parks and other leisure facilities.
Private and voluntary sector providers of further and higher education.
Schools, colleges and universities when they provide services to the public – for example, parents’ evenings, fundraising activities and conference facilities.
Private, voluntary and statutory providers of nursery education that are not established as schools, including accredited childminders.
Student unions.
Course providers such as local education authorities, schools, universities and colleges are covered by other parts of the Equality Act. But course providers are covered by the services provisions when they:
provide non-educational services to the public (for example, parents who are deaf), or publish information about arrangements for people with disabilities.
(for example, driving schools) is covered by the services provisions.
Manufacturers and designers are not service providers unless they sell their products to the public on the internet, by mail order or through a factory shop. So film producers don’t have to put subtitles on their films (but cinemas have to provide subtitles because they’re offering a service to the public.)
Are service providers liable for others?
Service providers are also liable – that is, legally responsible – for the actions of their employees or others who work in their business but are employed by someone else (the law calls them agents).
Example – liability
Bar staff refuse to serve a man who is deaf because they think he is drunk, even though he explains that he is deaf and his hearing aids are clearly visible. The man could sue the brewery that owns the pub for the actions of its bar staff. If a bouncer then removes the man from the pub, the brewery could also be liable for the bouncer’s actions when the man objects to the way he has been treated. The brewery is responsible even if a security firm employs the bouncer.
What is unlawful under the Equality Act?
The Equality Act protects disabled people from certain kinds of unlawful behaviour. These are called discrimination, harassment and victimisation. It’s also unlawful to order or help someone to behave in these ways.
What does discrimination mean?
There are different forms of discrimination, depending on how it arises. As well as covering things that people (or organisations) do to disabled people, it also includes things that aren’t done when they should be – failing to make reasonable adjustments for disabled people when they’re required.
Direct discrimination
This is where, because of disability, you’re treated less favourably (worse) than another person in similar circumstances. This is new – previously it only applied to work.
The disability itself is the reason for the treatment, which is often based on prejudice or assumptions. It hasn’t or wouldn’t have happened to another person who is similar to you except that they are not deaf. This person is called a ‘comparator’ and does not have to be a real person.
Example – direct discrimination
A nightclub refuses to admit someone who’s deaf because they assume she won’t be able to hear the music.
Discrimination by association or perception
Direct discrimination includes worse treatment because of your association with a disabled person, for example as the carer or friend of someone who is deaf. It also covers worse treatment because you’re mistakenly thought to have a disability. This is new for services.
Example – direct discrimination by association
A person accompanies her mother, who is deaf, to a theatre agent. The agent is rude to the daughter and shouts at her because she is taking time to explain everything to her mother. This is direct
discrimination against the daughter because of her association with her mother.
Discrimination arising from disability
This is where you’re treated unfavourably (you’re put at a disadvantage) because of something connected with your disability rather than because of the disability itself. But it’s not discrimination if it can be ‘objectively justified’ (we explain this below).
This kind of discrimination only applies if the service provider knows you have hearing loss or could reasonably have been expected to know.
It replaces previous protection under the DDA, which became ineffective after a court ruling.
Example – discrimination arising from disability
A transport provider has a ‘no dogs’ rule in the station café and toilets. A person with hearing loss who uses an assistance dog is stopped from using the station facilities. Barring him is not because of his disability but because he has a dog with him. Unless the transport provider can objectively justify this, it is discrimination arising from disability.
Objective justification
This means there was a good reason for what the service provider did and they acted fairly, reasonably and in a balanced way (for example, they looked at whether there was a less
discriminatory alternative). If the service provider can justify the treatment in this way, it is not against the law.
The Equality Act calls this ‘a proportionate means of achieving a legitimate aim’. We explain this in more detail in the section on public functions on page 14.
Example – justification
Richard has a faulty hearing aid which beeps loudly every few minutes. While he’s at the cinema a number of other customers complain that this is spoiling their enjoyment of the film. The cinema asks him to leave. This may be discrimination arising from disability, unless the cinema can ‘objectively justify’ its decision. The cinema is likely to be able to do so.
Indirect discrimination
This is wherea policy, rule or practice is applied to everyone but it has a particular disadvantage for disabled people, and you are personally affected. But it’s not discrimination if it can be objectively justified, as explained above.
This is new for disabled people though it’s partly covered by the duty to make reasonable adjustments (mentioned below).
Example – indirect discrimination
A dental surgery only offers appointments by phone. This makes it more difficult for people with hearing loss to make appointments. This may be indirect discrimination unless the policy can be objectively justified.
Failure to make reasonable adjustments
The Equality Act requires reasonable adjustments (changes) to be made where you’re put at a substantial disadvantage compared with non-disabled people. If reasonable adjustments are not made, that’s discrimination. We explain the duty to make reasonable adjustments on page 9.
Example – not making reasonable adjustments
A hospital does not provide you with communication support, such as a BSL/ English interpreter, for a medical appointment.
What is disability harassment?
This is unwanted conduct related to disability which has the purpose or effect of violating your dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for you.
It can be one of these two – it doesn’t have to be both. If the intention was to do one of these, that will be harassment. If the effect of the conduct is being looked at, your feelings are important, as well as the other circumstances, and whether it’s reasonable to regard it as harassment.
Example – harassment
A person who is profoundly deaf goes to the hairdresser. The staff make jokes about sign language and make mocking gestures. The deaf person finds this behaviour offensive and upsetting. This is likely to amount to harassment.
You’re now also protected if you’re harassed because you associate with someone who is deaf or because the service provider wrongly thinks you’re deaf. And you can complain of behaviour that you find offensive even if it’s directed at someone else as long as there’s a connection with disability.
What is victimisation?
This is where you’re treated badly because you have done certain things (or you’re suspected of doing them). They include:
Taking a case under the Equality Act.
Giving evidence or information in someone else’s case.
Alleging that the employer or someone else has done something against the act.
The protection applies whether or not you’re disabled. You can’t claim victimisation if you’ve acted in bad faith – for example if you deliberately say something untrue.
Example – victimisation
A woman who is not disabled is in a pub. She sees that the bar manager throws out a group of
people who are deaf and are using sign language, and hears him saying that he does not want ‘those sort of people in his pub’. She gives evidence when the group of people who are deaf bring the case to court. The next time she goes to the pub, the bar manager refuses to serve her because she has given evidence against him in court. This is victimisation. The woman could bring her own case to court against the brewery.
When does discrimination happen in the provision of services?
It is unlawful for a service provider to discriminate against you:by refusing to provide a service
by not providing a service of the usual quality (standard)
by not providing a service in the usual manner or on the usual terms
in the terms of the service it provides (such as charging more or imposing extra conditions) by stopping a service it is providing
by putting you at any other disadvantage.
These may overlap; for example, different terms may mean a lower standard of service.
A service provider must also not victimise you in this way or harass you. It is also unlawful for a service provider to fail to make a reasonable adjustment.
Examples – refusing to provide a service
- A pub refuses to allow you and your friends who are deaf into a pub.
- A hotel refuses to take a call via Text Relay, the national telephone relay service.
Examples – not the usual quality or usual terms of service
- A waiter asks you to wait to be served when a hearing person would not have to wait.
- A travel company asks you for a bigger deposit when you are booking a holiday because they think, for no good reason, that you are more likely to cancel your holiday because you’re deaf.
What is the duty to make reasonable adjustments?
Reasonable adjustments are the changes that service providers have to make to enable disabled people to use their services. We explain more about these below.
The duty requires reasonable adjustments to be made if you’re put at a substantial disadvantage, compared to people who aren’t disabled, by:
A provision, criterion or practice (the way things are done). A physical feature (such as steps to a building).
The absence of an additional aid or service (such as an induction loop or an interpreter) ‘Substantial’ means more than minor or trivial. Previously, service providers only had to make changes when their service was ‘impossible or unreasonably difficult’ to use – which was much harder for you to show.
The service provider must take reasonable steps to avoid the disadvantage or to provide the auxiliary aid or service. Avoiding the disadvantage in relation to a physical feature includes removing the feature, altering it or providing a reasonable means of avoiding it. And if it’s not possible to avoid the disadvantage, the service provider has to provide the service in a different way.
The requirement to provide additional aids or services is particularly important for people with hearing loss. This new duty emphasises the importance of providing information in accessible formats, and makes it clearer that you can’t be charged for adjustments.
Provisions, criteria and practices
These relate to the way things are done. They include things like policies, rules and practices. So if a service provider’s way of working puts you at a substantial disadvantage in using their service, the service provider has to change the way they work.
Examples – provision, criterion or practice
- A bank has a policy of not accepting calls from customers through a third party. They may have to change this policy because it could discriminate against you if you use Text Relay or a registered interpreter to call the bank.
- A hospital uses a call-out system to let patients know when it’s their turn to see the consultant. A person who is deaf cannot hear this, so the receptionist makes sure that they go over to the person who is deaf when it’s their turn.
Physical features
If the ‘physical features’ of the service provider’s premises put you at a substantial disadvantage in accessing a service, the service provider has to overcome that barrier. Physical features include:
A feature relating to the design or construction of a building or the way you get in or out of it, or the way you access it – for example, doorways or car parks.
Any fixtures, fittings, furnishings, furniture, equipment or materials – for example chairs or a reception counter. These may be on the premises or brought there by the service provider or by someone doing work for the service provider.
Any other physical aspect of the premises.
Features include steps, kerbs, parking areas, escape routes, internal and external doors, public facilities (telephones and counters), lighting, signs and temporary or moveable items such as display racks. Outdoor physical features are covered, such as paths and seating in a café garden. They also include the sheer scale of premises (for example, the size of a shopping centre).
Examples – physical features
- Access to a building is through an intercom, which could cause problems for people who are deaf. - A reception counter has a glass screen with a speakerphone in the middle that makes lipreading difficult for people with hearing loss.
What do service providers have to do about physical features?
They have to avoid the barrier it causes (by removing the feature, altering it or avoiding it) and if they can’t do that, they have to find a reasonable alternative way of providing the service.
The aim of the Equality Act is to make services accessible and as close as possible to the standard enjoyed by the public at large. Service providers have to weigh up their options with this aim in mind. An alternative way of providing the service may not be as effective as removing or altering the feature itself.
Example – altering or removing a feature
A company replaces the glass screen with the speakerphone in the reception area with a clear non-reflective screen, installs an induction loop and changes the lighting. These adjustments help people who lipread and also customers who are partially sighted.
Example – reasonable alternative means
Glass screens in a government office make it difficult for you to lipread staff in the office. It may be reasonable for them to offer you a face-to-face interview without glass screens.
Additional aids or services
If the absence of additional aids or services puts you at a substantial disadvantage in accessing a service, the service provider has to provide them: these are called auxiliary aids or services. They include:
Communication support – Providing qualified sign language interpreters (face-to-face or via
videophone), lipspeakers, notetakers or speech-to-text reporters.
Equipment – Providing an induction loop or infrared system, textphone, telephone with an
amplifier or an inductive coupler, videophone or a fire alarm with flashing lights.
Other – Making printed and onlineinformation accessible by writing in plain English; and making sure that DVDs or videoclips on any websites are subtitled, signed, or both.
For further information, see our leaflets and factsheet ranges about communication support and equipment.
Example – additional aids or services
A small business that offers goods for sale by phone includes an email address and mobile phone number for SMS text messaging in its marketing information, and makes it clear that orders will be accepted by these methods as well as by speech phone conversation.
Planning for reasonable adjustments
Service providers have an ‘anticipatory duty’. This means that service providers should think in
advance about reasonable adjustments they may need to make, and plan ahead. This is because the duties are owed to disabled people in general and apply whether the service provider knows that a particular person is disabled or not.
Service providers should not wait until a disabled customer wants to use the service before thinking about adjustments. They must plan ahead, not sit and wait until a customer asks for an adjustment.
Examples – anticipatory duty
- A secondary school is holding an open day for primary school pupils and their parents or carers. They find out from the local authority how they can book communication support if there are any visitors who are deaf.
- A library organises deaf and disability awareness training for staff members so that they can provide a good service for everyone who uses library services.
The duty is a continuing one – not a ‘one off’. This means that service providers should keep their plans under regular review. For example, there may be new technologies that can help make their services accessible.
Who pays for the adjustment?
Service providers have to pay for any reasonable adjustments they make or arrange to have done. They cannot pass on the costs to disabled customers. This applies even if you’ve asked for the adjustment.
Example – cost of adjustment
A guesthouse installs an audiovisual fire alarm in one of its bedrooms to accommodate visitors with a sensory impairment. The landlady charges disabled guests more for this room, although it is
otherwise identical to the other bedrooms. This is against the law.
Service providers should find out if they can get any financial help to pay for adjustments or if any other organisations can provide help. For example, a Primary Care Trust (PCT) may provide communication support free to NHS providers, such as GPs and dentists.
If service providers do not find out about such help and they then fail to make the adjustment, this may be unlawful discrimination. The same applies if they know about such help, but choose not to make use of it.
If there is no such help available, service providers may still have to make the adjustment if it is reasonable.
When is it reasonable to make an adjustment?
The Code of Practice says that what is reasonable depends on the circumstances of the particular situation. It will vary according to the:
Type of services the service provider supplies.
Nature of the service provider and its size and resources. Effect of the disability on the individual disabled person.
The Code of Practice lists some of the factors that a service provider could take into account when considering what is ‘reasonable’. This list does not give all the possible factors – it only gives examples:
How effective will the step be in enabling people to overcome the difficulty they face in trying to access the service? For example, if there is an induction loop, the service provider should make sure that it works and that staff know how to use it.
How practical is it for the service provider to take the step? For example, can a company book a BSL/ English interpreter for a specific date? Interpreters are in short supply, and it is also important that the company gets someone who is suitably qualified.
What are the financial and other costs of making the adjustment? In other words, what would it cost the service provider as a proportion of its finances? For example, a small company might find it difficult to pay for an expensive adjustment, but they might be able to afford a different or
cheaper adjustment.
Would taking the step disrupt the service provider’s business and, if so, how serious would this be? A relatively minor disruption would not necessarily make a step unreasonable.
What has the service provider already spent on making adjustments? This depends on the size of the company, rather than the actual amount spent. For example, a small company may have a limited amount in its budget to spend on making adjustments.
Can the service provider get advice about adjustments and/ or help in paying for them? (see ‘Who pays for the adjustment?’ on page 12).
Where possible, service providers should speak to customers who are disabled to make sure that the adjustment suits them. For example, a bank should ask a person with hearing loss what sort of
communication support they prefer.
Service providers must make whatever reasonable adjustment is possible. If it’s impossible to make one adjustment, they should try to make a different one. But service providers should not make a lesser adjustment simply because it is easier than making the reasonable adjustment that works best.
Example – making a different adjustment
A museum is unable to book a lipspeaker for a lecture. Instead, it produces written lecture notes using clear, accessible English. This is a reasonable adjustment.
It is advisable for service providers to make sure that their staff members have deaf and disability awareness training. This includes managers and directors. It is particularly important for staff members who deal directly with customers to have training. This will help them adopt best practice when dealing with customers who are disabled. This could be a reasonable adjustment, and may be good for the service provider’s business because they will attract more customers with disabilities.
Protecting the fundamental nature of the service
Service providers are not required to change the fundamental nature of their service.
Example – fundamental nature of the service
If you wear hearing aids, it is unlikely that a nightclub would need to turn down its music because you find the volume uncomfortable.
Do service providers always have to make physical alterations?
No, not always. In England and Wales, the law says that a building should make reasonable
accommodation for disabled people to get into it and use it. In practice, this means that a building’s physical features, such as lifts and entrances, should make it ‘reasonably safe and convenient’ for disabled people to access and use the building or any part of it.
You can find the law in Part M of the Building Regulations 2010. This says that ‘reasonable provision shall be made for people to gain access to and use the building and its facilities’, and this includes disabled people. In Scotland, similar provisions apply and the most recent requirements are laid out in the general Technical Standards.
The Equality Act says that if a physical feature in the service provider’s building meets with these existing building regulations, then they do not have to make a reasonable adjustment to it until 10 years after it was installed or built. This applies if, for example, they already have a ramp or an induction loop fitted in a meeting room.
For further information, contact the EHRC if you are in England, Wales or Scotland. For Northern Ireland, contact the Equality Commission for Northern Ireland. See page 28 for contact details.
What happens if a lease prevents changes to premises?
If the service provider rents premises from a landlord, the landlord cannot unreasonably refuse permission for the premises to be altered to accommodate disabled people (for example, by altering the entrance to make it more accessible). However, the landlord may attach reasonable conditions to their permission, such as returning premises to the original condition if the service provider leaves. If the service provider does not make a reasonable adjustment because the landlord unreasonably refuses permission for the premises to be altered, you can take the service provider to court, and either you or the service provider can ask the court to make the landlord a party to the case. This means that the landlord would have to go to the court as well.
How does the Equality Act affect public functions?
The Equality Act covers the way public functions are carried out. A public function means a function of a public nature under the Human Rights Act 1998. These kinds of functions are generally carried out by public authorities, such as central government, local councils, NHS hospitals, the courts and social services.
Public functions cover activities such as policing, planning control, licensing, receiving someone into a prison, immigration detention and enforcing parking controls. They are different from services that could be performed by a private organisation.
Examples – public functions
- Policing: for example, a police officer who makes an arrest or interviews a witness to a crime. - Procurement: for example, a government department invites businesses to bid for a contract. They cannot discriminate against people who are deaf and those with other disabilities.
- Public appointments: for example, an appointment as magistrate or as member of an advisory committee.
Public functions may also be carried out by private or voluntary organisations; for example, when RSPCA inspectors make an inspection, when private health providers section a person under the Mental Health Act, or when a voluntary organisation takes on responsibilities for child protection. Public authorities will have more than one role; for instance, as employers or as landlords. Many of the functions they carry out are services to the public; for example, social care services, library and leisure services, and medical treatment on the NHS. In these cases they’re covered by the services provisions. In practice it doesn’t usually matter whether what is being done is a service or a public function because the provisions applying to each are virtually the same.
When does discrimination happen in relation to public functions?
The Equality Act protects you against discrimination, harassment and victimisation in the same way as it does in relation to services. The duty to make reasonable adjustments also applies.
Example – refusal of a benefit
A couple who are deaf apply to adopt a child. They are told that because they are deaf they would not be able to care for the child properly. This is direct discrimination.
Example – offensive treatment
A person who is deaf and is claiming benefits is asked to attend an interview. The interviewer makes offensive and derogatory comments about their deafness. This is harassment.
Objective justification in relation to public functions
Organisations carrying out public functions can justify indirect discrimination and discrimination arising from disability if there was a good reason for what they did and they acted fairly, reasonably and in a balanced way (for example they looked at whether there was a less discriminatory
alternative). As we said on page 6, the Equality Act calls this ‘a proportionate means of achieving a legitimate aim’. We explain in more detail below how this works for public functions, but it also applies to services.
A public authority has to show that:
there is a real policy need that has to be achieved – this means it is a legitimate aim the authority’s action is the way of achieving this legitimate aim
there is no way of achieving the aim that would have a less negative impact on disabled people.
Example – proportionality
A local authority suspends its on-street parking because it needs to repair part of the road. This means that a disabled man can’t use the disabled bay outside his house. He has to park on a
different side of the road and it is more difficult for him to get to his house. The local authority is trying to achieve a legitimate aim – maintaining the road. However, it could permit parking on the opposite side of the road, which would have less of an impact on the disabled person. This means the decision it took was not the option with the least impact, so it would not be ‘a proportionate means of achieving a legitimate aim’.
How does the duty of adjustment apply to public functions?
Organisations carrying out public functions have to make reasonable adjustments when disabled people are put at a ‘substantial disadvantage’. The duty is very similar to the duty on service providers.
Public functions may have a positive effect, like receiving a benefit, but they may also have a
negative impact, like being arrested. The aim of the duty is to ensure that the experience of disabled people in either case is as close as possible to that of non-disabled people.
Example – reasonable adjustments in a public function
A police officer is carrying out a public function when interviewing a witness who is deaf. Arranging a BSL interpreter for the interview might be a reasonable adjustment to make.
Example – reasonable adjustment for a negative public function
A police force has a policy of not carrying civilian dogs in police cars. This practice makes the
experience of being arrested worse for disabled people who need assistance dogs. The police force changes its policy to allow an assistance dog to be carried in the car with the disabled person. This is a reasonable adjustment to make.
What do public authorities not have to do?
The Equality Act specifically says that a public authority is not required to take steps that it has no power to take, or which will mean that it will break any other legislation.
Example – no power to take steps
A deaf person who uses BSL wants to take part in jury service but would need a sign language interpreter to do so. The court (a public authority) cannot provide an interpreter as a reasonable adjustment because criminal law does not allow an ‘extra’ person in the jury room for any reason.
How does the Equality Act affect private clubs and other associations?
Private clubs and other associations are covered by the Equality Act if they have 25 or moremembers, and people become members through a selection process under the association’s rules. They don’t have to have a formal constitution as long as the rules are known and followed. An organisation that the public can join simply by paying a fee, such as a video club or a gym, is not an association under the Equality Act – it is providing services to the public.
There are many different kinds of association. Apart from private clubs, they include organisations such as the Scouts and Rotary, and political parties.
Private clubs and other associations are covered by a different part of the Equality Act from services, but the act applies in a similar way. They come under other provisions if they have other
responsibilities, for instance as an employer or if they provide services to the public. Associations that are charities are subject to additional provisions.
Private clubs with fewer than 25 members are exempt from the association provisions. But if they are sometimes open to the public – for example for a wedding reception – they will be a service provider on those occasions.
Who has protection?
The Equality Act says that private clubs owe duties to: disabled people who may apply for membership disabled members
disabled associates
disabled guests or potential guests.
It is unlawful for a club to discriminate against you in the circumstances outlined below. In each case it is also unlawful to victimise or harass you. It doesn’t matter if the club carries out its activities for profit or not.
Applying for membership
A private club must not discriminate against you:
by rejecting your application.
What rights do members or associates have?
A private club must not discriminate against you:in the way it allows you to access benefits, facilities or services by refusing you access to benefits, facilities or services
by taking away or changing the terms of your membership by taking away or changing your rights as an associate
by subjecting you to any other detriment (something that changes your position for the worse or puts you at a disadvantage).
An associate is not a member. It is someone who, under the rules of the club, enjoys some or all of the rights enjoyed by a member. For example, club A allows members of clubs B and C to use their facilities, just like members. The members of B and C are associates of club A. Benefits or facilities might include using the club’s bar, café or sports facilities.
What if I am a guest or potential guest?
A private club must not discriminate against you:in the way it affords you access to benefits, facilities or services by refusing you access to benefits, facilities or services
by subjecting you to any other detriment. The club must also not discriminate against you:
in the arrangements it makes for deciding who can be invited in the terms on which it invites you or allows you to be invited by not inviting or not allowing you to be invited.
The Equality Act does allow private clubs to restrict their membership to people with the same disability.
Example – deaf clubs
A private club restricts membership to people who are deaf and partially deaf. The club can refuse membership to a person with a different disability (for example, blindness) unless the person also has hearing loss. It could place similar restrictions on associates and guests.
Do private clubs and other associations have to make reasonable adjustments?
Yes. They have to make reasonable adjustments for all the types of people mentioned above. These are broadly the same type of adjustments that apply to service providers. It is an anticipatory duty.How does the Equality Act affect public transport and taxis?
The Equality Act covers most parts of public transport. All buses and trains have to be accessible by 2017 (buses) and 2020 (trains). Services on board transport vehicles are covered by the services provisions, but not if you are travelling by air or across water. However, disabled people travelling by air in Europe have certain rights under the EC Regulations (Access to Air Travel for Disabled
Persons and Persons with Reduced Mobility Regulation).
Transport service providers come under the services provisions when they use buses, coaches, trains and taxis (but not ships and aircraft).
Transport providers must not discriminate against you (or victimise or harass you):
by refusing to provide a service. For example, a train-operating company should not forbid you to travel on the train with a hearing dog
in the way they provide the service while you’re travelling in the vehicle; for example, announcements of stops on board a bus.
Transport providers also have to make certain types of reasonable adjustment. They have to do this if the adjustments are connected to the way they provide the vehicle or to the disabled people using it.
Example – reasonable adjustment
The bus driver announces the next stops on a journey. The driver usually only stops if a passenger presses the ‘stop’ button. However passengers who are deaf cannot hear the announcement and may not know when to press the ‘stop’ button. When a passenger who is deaf tells the bus driver where they want to get off, the bus driver stops automatically and will signal to the passenger who is deaf that they are at the requested stop.
What about hearing dogs and transport?
If a train operating company normally does not allow dogs on any of their trains, they are likely to have to change their policy for registered assistance dogs.
There are specific laws, called statutory instruments, which say that bus drivers may not refuse to carry registered assistance dogs. These include hearing dogs.
The Equality Act makes it a criminal offence for licensed taxi and private minicab drivers to refuse to carry you as a passenger if you have a registered guide dog or assistance dog with you, to charge you more, or to refuse to allow the dog to stay with you.
This part of the Equality Act only applies to registered assistance dogs, such as those trained by Hearing Dogs for Deaf People. You must make sure that your dog is wearing its jacket that says ‘Hearing Dogs for Deaf People’. If the training charity has issued you with an identification card for your dog, please carry it with you so you can show that the hearing dog is a registered assistance dog. If you have any problems with a taxi or minicab, you should report it to the licensing authority and give them the car registration number and the driver’s badge number.
For more information about guidance on using taxis and private minicabs, contact the Department for Transport. You can also get more information and guidance leaflets on accessible transport and the duties of transport operators (see page 29 for contact details).
How does the Equality Act affect insurance?
Providing insurance is a service under the Equality Act. It is discriminatory to offer insurance to disabled people on different terms. However, there is a specific exception which allows insurers to discriminate against a disabled person, provided it’s reasonable and it’s based on relevant and reliable information. So an insurance provider could refuse cover or charge you higher premiums if they have reliable figures that show you are more of a risk because of your deafness and you can’t produce evidence to disprove them.
Example – refusing insurance (reasonable)
If it is likely that your hearing loss will get worse, then an insurance company may refuse you cover for the effects of hearing loss.
Example – higher premiums (not reasonable)
An insurance company demands that you pay a higher premium for driving a car. But because there’s no evidence that people who are deaf are more at risk of an accident, this is likely to be unlawful.
Does the Equality Act cover premises?
Yes. It affects the sale or rental of property – houses, flats and offices – and covers: sale of property
letting of property
management of property
lists of available properties held by local authorities or housing associations some types of reasonable adjustment.
There are exemptions for private sales, small dwellings and premises also occupied by the landlord or building owner.
When does discrimination happen in relation to premises?
People who are disabled can face discrimination by property owners. They can also experience discrimination from someone managing the premises, for example, a landlord’s agent, property manager, tenants’ committee, accommodation bureau, caretaker, estate agent or rent collector. It is unlawful to discriminate against you (or victimise or harass you) in these circumstances:
Selling or letting premises
A landlord or property owner (including a company or other legal entity) must not discriminate against you by:
offering the premises on less favourable terms refusing to sell or let the premises
treating you less favourably when you’re looking for premises. For example, in relation to a housing list, a local authority fails to give you fair priority for a transfer.
Example – less favourable terms
A flat owner offers her property to someone who’s deaf at a higher price than she would to a non-disabled person just because the buyer has a disability. This is direct discrimination.
Permission to sell or let
If you need permission from someone to sell, let or sublet premises, they mustn’t discriminate against you by withholding permission. And they mustn’t victimise you in this way or harass you.
Example – withholding permission
A tenant with hearing loss seeks permission from his landlord to sublet a room in his flat to help him pay the rent. The landlord refuses permission because he’s disabled. This is direct discrimination.
Management of the premises
A person managing the premises (this includes companies and other legal entities, and may include the owner) must not discriminate against you:
in the way they allow you to use any benefits or facilities associated with the premises; for
example, if a landlord restricts the times when you can use a communal kitchen in a block of flats by refusing to allow you to use benefits or facilities; for example, a caretaker does not allow you to
park your car in a communal underground car park beneath the block of flats by evicting or helping to get you evicted
by subjecting you to any other detriment (something that changes your position for the worse or puts you at a disadvantage).
Reasonable adjustments
There is a duty to make reasonable adjustments in relation to premises. This only applies to the use of the premises. Landlords and management companies do not have to remove or alter physical features.
These landlords and managers are called ‘controllers of premises’. The duty applies to both residential and commercial premises.
Controllers of premises have to make the following reasonable adjustments but only if you (or someone on your behalf) asks for them:
Change a provision, criterion or practice (the way things are done).
Provide an auxiliary aid or service; for example, fitting a doorbell, entry phone or intercom that you can use.
Change a term of a lease.
A similar duty relates to freehold properties in blocks of flats, shops and offices (called commonhold).
Examples – reasonable adjustments for tenants
Changing a provision, criterion or practice – a large housing association provides a DVD that
explains the terms of its leases in BSL. The leases are standard, so the association can use the DVD for other tenants who use BSL.
Changing a term of the lease – waiving a ‘no pets’ policy for a disabled person with a hearing dog. Providing an auxiliary aid – providing a portable induction loop for meetings with tenants who
have hearing loss.
Physical features
Landlords and managers of rented premises do not have to remove or alter physical features. But the Equality Act says that some things do not count as physical features, including:
signs
replacement/ adapted door bells changes to taps or door handles.
This means you could ask your landlord to provide a door bell with a flashing or vibrating alert.
Improvements by tenants
Although landlords do not have to alter the physical features of rented premises, the Equality Act says that landlords are not allowed to refuse, unreasonably, to allow disabled tenants themselves to make changes to the property. This only applies if the reason you need to make the change is because of your disability – for example, you need to install a walk-in shower because you cannot physically use a bath. You will have to pay for the alterations yourself and must ask permission first.
Common parts
The Equality Act puts a new duty on landlords to make reasonable adjustments to the ‘common parts’ of rented or commonhold premises in England and Wales (for example, shared hallways or stairs in a block of flats) but only if you, or someone on your behalf, request it. There are separate provisions for common parts in Scotland.
The other tenants need to agree to the change too, as does the landlord. The government is still considering how to bring these provisions into effect.
Those responsible for common parts mustn’t victimise you because they incur costs in making a reasonable adjustment.
What is the Public Sector Equality Duty?
The Equality Act introduces a new Public Sector Equality Duty on public authorities in Great Britain, which replaces the Disability Equality Duty (DED). It came into force on 5 April 2011. The duty
requires public authorities such as councils, the NHS and the police, and others with public functions, to have ‘due regard’ to certain aims in their decision-making. One aim is to advance equality of
opportunity. This means public bodies must consider the needs of all individuals in their day to day work so that equality issues influence what they do, including how they develop policy and deliver services.
The new duty recognises that disabled people’s needs may be different from others so public bodies have to consider this when making decisions; for example, through reasonable adjustments or positive action measures (see below for more details).
The government can also put specific duties on certain public authorities to help them perform the duty more effectively.
The equality duty is connected to the rights and duties that we’ve explained in this factsheet. You can use it to help challenge discrimination by public authorities. You can get information from the EHRC (see page 28) or read our factsheet The Equality Duty – a summary guide.
You don’t have rights to enforce the equality duty (only the EHRC can do that) but you may be able to bring a judicial review against the public authority if they haven’t done what’s required of them.
What is positive action?
The Equality Act allows service providers and associations to take positive action to promote equality of opportunity. They can take positive steps to help groups of people who are disadvantaged, have
The law still allows disabled people to be treated more favourably than non-disabled people. But service users can now use positive action to give preferential treatment to people with a particular disability to achieve equality of opportunity between disabled people with different impairments.
Example – positive action
A voluntary organisation that runs summer play schemes for disabled children is aware that very few deaf children take part. The organisation sets up an additional play scheme just for deaf children. To encourage parents to enrol their children, it arranges free transport to and from the scheme with a BSL signer.
What is the Human Rights Act?
The Human Rights Act 1998 gives everyone, including disabled people, additional rights. It applies to public authorities, for example, local or central government or an NHS Trust, and other organisations that carry out public functions. Depending on the circumstances, you may be able to bring a claim under both the Human Rights Act and the Equality Act. Even if you do not have a claim under the Equality Act, you might still have a case under the Human Rights Act. There is a time limit that applies here too. You have to bring a claim within one year of the date when you believe your rights were breached (but if you apply for judicial review, you only have three months).
If you make a discrimination claim under the Equality Act, the court must consider whether the Human Rights Act is relevant to any part of the case. It has to interpret the Equality Act in line with your rights under the Human Rights Act, if it can. For more information, see our factsheet The Human Rights Act.
I think I’ve been discriminated against – what should I do now?
If you have been discriminated against, you may be able to take legal action under the Equality Act. This includes taking a case to a county court. The court can award you compensation for hurt feelings or financial losses. It can also grant you an injunction to stop the service provider from
discriminating against you in the future. And it can make a declaration about your rights or the service provider’s responsibilities.
If you are on a low income, you may be able to get legal aid from the Community Legal Service
(CLS), a network of funded advice providers run by the Legal Services Commission. CLS funding can pay for a solicitor or other adviser to help you, including representation in court. A solicitor or other adviser (Citizens Advice, for example) that displays the CLS logo will be able to tell you if you qualify for CLS funding, or you can contact Community Legal Advice (see page 28).
Procedure for getting information
If you think you’ve been treated unlawfully but you aren’t sure, it may be helpful to request
information from the person you think is responsible. There’s a procedure for this, including standard forms although you don’t have to use the forms. The questions and answers can be used in evidence
in court proceedings. The service provider doesn’t have to respond but if they don’t reply within eight weeks, or give evasive answers, a court can draw its own conclusions, which may be that they’ve discriminated against you. You can find out more about this from the Government Equalities Office and the EHRC website (see page 28 for contact details).
Time limits
If you want to take a case to court, you have to do this within six months of the date when the discrimination happened. We give you more information about this below.
Step one: talk to the service provider
You should always contact the service provider directly and discuss your concerns. Use their
complaints procedure if they have one. If you do not feel you can do this, get legal advice from one of the organisations listed under ‘Where can I get further information?’ (see page 27).
Step two: conciliation
If discussing your complaint with the service provider does not help, you may be advised to use the Equalities Mediation Service (EMS) set up by the EHRC. This service aims to negotiate a settlement between you and the service provider without you having to go to court. You must contact the
EHRC’s helpline first (see page 28). Only they can refer you to the EMS.
Step three: going to the court
If you still cannot reach a settlement with the service provider, the next step is to consider taking your case to the County Court. To do this, you must complete form N1, which you can get from your local County Court or online – see page 28 for contact details, under Directgov.
The first step in taking a case to a County Court is called ‘making a claim’. You may have to pay a fee to start the case. How much this fee is depends on the amount of damages you are asking the court to award. If you also want the court to make a declaration, you have to pay extra. If the service provider decides to fight the case, you will have to pay an ‘allocation fee’. This is currently £35 for claims worth between £1,500 and £5,000. For all other claims, you pay £200. You may have to pay a further fee if the case goes to trial. If you’re unemployed or on a low income, you may not have to pay anything at all. The County Court can give you more information about court fees. You can find this on the Directgov website.
You must take any claim for discrimination to court within six months of the time you were
discriminated against. If there were a number of discriminatory acts, the last instance of this must be within the six month period. If you are using the EMS, your time limit will be extended to nine months. If you go over this time limit, you may not be able to start your case. However, the court will
case is so important that the service provider does not have to be protected against late claims. If you want to bring a claim after the time limit, then you should seek legal advice.
The County Court as a service provider
The County Court is a service provider, so they have to make reasonable adjustments to enable you to use their services. You should tell the county court as soon as possible if you need communication support – for example, if you want a BSL/ English interpreter or a speech-to-text reporter or if you use an induction loop.
Small Claims Track
In most discrimination cases, the award (money) you get will be less than £5,000 and so a claim is usually heard in the Small Claims Track. You should check the current limits with the court. This is less formal and faster than the other tracks of the County Court. If your case is allocated to another track, then you may be able to get help with your legal costs if you are on a low income. In the other tracks, the person who loses usually has to pay the winner’s legal costs.
The Small Claims Track is supposed to be a simpler and more ‘do-it-yourself’ form of court action. This means that you are unlikely to be able to get public funding to help pay for legal advice or representation. You may qualify for Legal Help, which can pay for some advice, but not the costs of starting a court case.
In Scotland
There are three different types of court action in Scotland: small claim
summary cause ordinary cause.
Small claim
If your claim is worth less than £3,000 then you can make a small claim action. The Sheriff Court will give you a form for this and can help you complete it. It will currently cost you £65 to lodge your claim, or £15 if your claim is for less than £200. You won’t be able to ask for any other type of order; for example, a declaration that you have been discriminated against. This is a ‘do-it-yourself’ system, so you cannot get Legal Aid to pay for a lawyer to represent you, although you may qualify for Legal Advice and Assistance. This can pay for some advice from a lawyer.
Summary cause
If you want to claim between £3,000 and £5,000, then you should use the summary cause procedure. The Sheriff Court will be able to give you a form and help you complete it. The fee to lodge your claim is currently £65. You may be able to get Legal Aid to help pay for a lawyer to represent you. This depends on your income. You should contact a lawyer or the Scottish Legal Aid Board for more information (see page 29 for contact details).
Ordinary cause
If your claim is for more than £5,000, or if you want another order, such as a declarator (a declaration that you’ve been discriminated against) or an interdict to stop further discrimination, then you will need to use the ordinary cause procedure. There is no form for this and you will need a lawyer to draft an initial writ. This is the document that explains your claim. The fee to register your claim with the court is currently £80. Legal Aid is available if you qualify for it. Contact a lawyer or the Scottish Legal Aid Board for more information (see page 29 for contact details).
The Scottish Courts are also service providers. This means that the Equality Act applies to them, just as it does to the courts in England and Wales (see previous page ‘The County Court as a service provider’).
If discrimination is proven
If the court agrees that you have been discriminated against, it can:
make a declaration of the rights of the parties. This means the court agrees that you have suffered unlawful discrimination. This usually happens if you have not lost money or if a point of principle is involved
order the service provider to pay you compensation for ‘hurt feelings’ and for actual loss. Compensation for hurt feelings is to deal with any hurt or upset that you have felt because you were discriminated against. Compensation for actual loss might be awarded, for example, if insurers made you pay a higher premium for your insurance. The court can’t award you
compensation for indirect discrimination that was unintentional, unless it first considers the other remedies
grant an injunction, ordering the service provider to make adjustments (in some circumstances). If you think the court has applied the law wrongly, you can appeal against the decision. To do this, you need to get legal advice from the organisations we list below.
Northern Ireland
In Northern Ireland the Disability Discrimination Act (DDA) continues to apply. If you think you have been discriminated against, you will find guidance about making a complaint and taking a case on the website of the Equality Commission for Northern Ireland, in the section ‘Your rights’. There is also a helpline (see page 29). If you want to know about legal aid, you should contact the Northern Ireland Legal Services Commission (see page 29).
Where can I get further information?
Citizens Advice
www.cas.org.uk (Scotland)
www.citizensadvice.co.uk (Northern Ireland)
Community Legal Advice
A free and confidential service paid for by legal aid. Their helpline can give you details of your local advice centre providing help in discrimination cases. See the website to find out how you can use a webcam to talk to an advisor in BSL.
Legal Services Commission, 4 Abbey Orchard Street, London SW1P 2BS Helpline 0845 345 4345 Textphone 0845 609 6677
www.direct.gov.uk/en/Dl1/Directories/UsefulContactsByCategory/Governmentcitizensandrightscontac ts/DG_195356
Directgov
Provides information about a wide range of topics, including discrimination and benefits. It also gives links to online government services and to organisations that can give you advice and support. www.direct.gov.uk
Information about claiming through a County Court:
www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/Makingacourtclaimformoney/index.htm Direct link for Form N1:
www.hmcourts-service.gov.uk/courtfinder/forms/n1_0102.pdf
The Disability Law Service (DLS)
Provides free legal advice to disabled people and representation where appropriate. Ground Floor, 39-45 Cavell Street, London E1 2BP
Telephone 020 7791 9800 Textphone 020 7791 9801 Fax 020 7791 9802
[email protected] www.dls.org.uk
The Equality and Human Rights Commission (EHRC)
Provides free advice to people who have been discriminated against, and may provide
representation. They can also help you try to resolve problems with service providers without going to court. They publish Codes of Practice on the Equality Act, which explain the act in more detail. They are not legally binding, but courts and tribunals have to take account of the codes where they are relevant. They also publish a wide variety of practical guidance and advice.
England: Freepost RRLL-GHUX-CTRX, Arndale House, Arndale Centre, Manchester M4 3EQ
Helpline 0845 604 6610 Textphone 0845 604 6620 Fax 0845 604 6630
Scotland: Freepost RRLL-GYLB-UJTA, Optima Building, 58 Robertson Street, Glasgow G2 8DU
Helpline 0845 604 5510 Textphone 0845 604 5520 Fax 0845 604 5530
Wales: Freepost RRLR-UEYB-UYZL, 3rd Floor, 3 Callaghan Square, Cardiff CF10 5BT
Helpline 0845 604 8810 Textphone 0845 604 8820 Fax 0845 604 8830 www.equalityhumanrights.com
The Equality Commission for Northern Ireland
Provides information, advisory and training services to assist organisations in carrying out their duties under equal opportunities legislation in Northern Ireland.
Equality House, 7-9 Shaftesbury Square, Belfast BT2 7DP
Helpline 028 90 500600 Textphone 028 90 500589 Fax 028 90 248687
[email protected] www.equalityni.org
The Northern Ireland Legal Services Commission
Funds advice providers to help people who are eligible for legal aid. Telephone: 028 9040 8888
www.nilsc.org.uk
The Government Equalities Office
Information, including summary guides and quick start guides, under ‘Equality Act 2010: What do I need to know?’ and FAQs.
www.equalities.gov.uk
Law centres
Law centres provide free advice and representation. The Law Centres Federation can give you the details of your local law centre.
Telephone 020 7428 4400 Fax 020 7428 4401
[email protected] www.lawcentres.org.uk
Department for Transport
Oversees the delivery of a reliable, safe and secure transport system.
Enquiry Service, Great Minster House, 76 Marsham Street, London SW1P 4DR Telephone 020 7944 8300 Fax 020 7944 6589
www.dft.gov.uk
The Office for Public Information
The Office for Public Information sells printed versions of legislation or any other official publication previously published by Her Majesty’s Stationery Office (HMSO). You can also get copies of statutory guidance here, including Codes of Practice which explain the law in more detail:
The Stationery Office (TSO), PO Box 29, St Crispins, Duke Street, Norwich NR3 1GN Telephone 0870 600 5522 Fax 0870 600 5533
[email protected] www.tso.co.uk
Scottish Legal Aid Board
Helpline 0845 122 8686 [Telephone 0131 226 7061]
[email protected] www.slab.org.uk
Further information from Action on Hearing Loss
Our helpline offers a wide range of information on many aspects of hearing loss. You can contact us for further copies of this factsheet and our full range of factsheets and leaflets. We can also provide you with materials and advice to help you encourage local services to become more accessible – see the cover page for contact details.
Action on Hearing Loss Information, May 2011
The Royal National Institute for Deaf People. Registered Office: 19-23 Featherstone Street, London EC1Y 8SL.
A company limited by guarantee registered in England and Wales No. 454169, Registered Charity Numbers 207720 (England and Wales) and SC038926 (Scotland).