Judgment of DJ Capon County Court at Cambridge – 8 November 2017 Non-verbatim note by Nathan Roberts of Cloisters Chambers 1. This is judgment in a claim brought by the Claimant against the Defendant [address]. The Claimant is disabled within meaning of Equality Act 2010 (EqA). That was conceded by the Defendant at the previous … Continue reading Leighton v Kahraman: fuller notes
What makes steps more difficult for wheelchair users?
This is a challenging question to answer since different people will have different experiences. Some factors that make steps particularly difficult are: Height - the higher the step the greater the challenge Angle - the close to a right angle the step is, the harder it is to get in Enclosed spaces - it is … Continue reading What makes steps more difficult for wheelchair users?
Your site talks a lot about steps, I don’t have a step, I just have a threshold.
Thresholds and steps are really the same thing. A threshold is usually a small step, but the difference between a 2cm and 10cm step is non-existent to someone that can't get over either. You can find more information about the standards for level access in this older post.
Isn’t it the governments job to make sure businesses comply with the equality act?
In a word, no. The equality act can only be enforced by individuals taking cases, be they on the basis of sex, gender identity, race, religion, sexual orientation, marital status, pregnancy and maternity, age or disability. There is no government body that goes around to check these things, though planning permission for new buildings often … Continue reading Isn’t it the governments job to make sure businesses comply with the equality act?
I’m not discriminating, I’m treating everyone the same!
The law says that if you don't make reasonable adjustments for disabled people then you are discriminating against them. You can find more information about this at Section 20 of the Equality Act 2010, on the Equality and Human Rights Commission Website, and in the post on where to find the law. Even when thinking … Continue reading I’m not discriminating, I’m treating everyone the same!
How do I find the law on access for disabled people?
You can find the equality act here. The part that deals with 'reasonable adjustments' is section 20, and you can find it here. In addition to the legislation there is a statutory code of practice The Equality and Human Rights Commission has helpfully provided guidance on what the law means for service providers that is … Continue reading How do I find the law on access for disabled people?
I inadvertently excluded people from my shop, what should I do now?
You need to make sure that you address their concerns. Useful case law on this point was provided by District Judge Lettall in the case of Fogerty v Keaz [Stockport County Court, 13th July 2015]: “The court can, where appropriate, give credit to those that recognise ultimately the fact that they have unlawfully discriminated and … Continue reading I inadvertently excluded people from my shop, what should I do now?
Can’t I just serve wheelchair users on the street?
This is unlikely to be considered reasonable if the alternative is to get a ramp and bell that would cost as little as £30 pounds and certainly under £100. The equality and human rights commission code tells service providers that they must provide a service for disabled customers that is as close as reasonably possible … Continue reading Can’t I just serve wheelchair users on the street?