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
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!
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?
The Mill Road debacle
There have been a number of press reports of legal action against traders on Mill Road. You can find them here, here, here, here, here and here. Ms Leighton posted correspondence with the traders association that started over a month before she began making formal complaints to traders themselves. It read: Date: Thursday, 7 July 2016 Subject: … Continue reading The Mill Road debacle
My step is too small to need a ramp.
If it is under 0.5cm then it could be too small to need a ramp, but anything over that needs either a slanted edge or a ramp to be considered level access. The equality act doesn't specify when you might need a ramp, but it does say that disabled people should be able to access shops, businesses and public functions on an equal basis with non disabled people.