Archive html version of 50 Key Cases from the DRC

Change by advice, conciliation, legal enforcement

The Disability Rights Commission

The Disability Rights Commission (DRC) is an independent body, established by Act of Parliament to eliminate the discrimination faced by disabled people and promote equality of opportunity. When disabled people participate

- as citizens, customers and employees - everyone benefits. So we have set ourselves the goal of "a society where all disabled people can participate fully as equal citizens" We work with disabled people and their organisations, the business community, Government and public sector agencies to achieve practical solutions that are effective for employers, service providers and disabled people alike.

There are 8.5 million disabled people in Britain - one in seven of the population. This covers people with epilepsy, cancer, schizophrenia, Down's syndrome and many other types of impairment.

Under the Disability Discrimination Act 1995, many legal rights and obligations affecting disabled people's access to services and employment are already in force. Others become law in 2004.

Many people are still not aware that they have many new rights. And employers and service providers are often unsure how to implement "best practice" to make it easier for disabled people to use their services or gain employment.

The DRC has offices in England, Scotland and Wales. For further details of how we can help you, please contact our Helpline - contact details are featured on the back cover of this publication.

Contents

Preface

The Disability Rights Commission (DRC) opened for business just over two years ago. Disabled people and their organisations have been campaigning for decades for civil rights legislation to protect them from discrimination. This led to the Disability Discrimination Act 1995 (DDA) but that Act did not create an organisation to help them enforce their new rights. More campaigning led to the Disability Rights Commission Act 1999, which resulted in the establishment of the DRC. The Commission gives information on the Act to a range of stakeholders, writes statutory Codes of Practice that enable disabled people to enforce their rights and, finally, monitors the Act, telling the Government of the changes that might be needed.

When the DRC was launched in April 2000, I said that we would use the force of argument and where that failed, the argument of force. That remains our strategy. We work with employers, service providers, local and national government and disabled people to explain the law and help people to follow it. We have a number of services that I describe below but our overriding aim is to remove the curse of discrimination that casts its sinister shadow over and blights the lives of so many disabled people. Our approach has some people questioning whether the DRC is too litigious and others suggesting we should use our legal powers more. This booklet gives a vivid illustration of how we use our powers.

One of the first things we did was to establish a local phone rate Helpline. In two years it received over 150,000 calls from disabled people, employers and service providers. External independent analysis of the service shows a satisfaction rating of well over 90%. Most callers can be helped in this way. Some cases are more complex, so they are forwarded by the Helpline to our team of expert caseworkers. In two years, they considered 5,500 cases and 40% have already been satisfactorily resolved. Some continue and others have been withdrawn. Some cases are rejected by the DRC because they do not fall within our powers. If a case is about access to goods and services, caseworkers can refer it to our free independent conciliation service.

If this does not get a result, people can still use the DRC's legal services. Some cases are referred directly to our legal services and to date we have supported 110 of them. This booklet records some of those, as well as others where we have intervened. Of course, we lose some cases and the Commission monitors these, as they might influence our advice to the Government on changes to the law.

In May 2002 we published our first legislative review. This followed the publication of our Code of Practice in February 2002 on the new rights of access to goods and services that come into effect in 2004. In July 2002 we published two new Codes of Practice on access to education. While enforcing current rights, the DRC is equally active in preparing for new rights that will be introduced over the next few years.

There is a dilemma over the best approach to enforcement. If the DRC is seen as "a soft touch", discriminators will never take the rights of disabled people seriously. If we resort to law too readily, we might alienate potential allies and, experience has shown, achieve an inferior solution for a disabled person who has experienced discrimination. Equally, The DDA is complex and although the Codes of Practice guide us on interpreting it, only higher courts and tribunals can make binding case law. This means that the DRC must bring test cases where it can, and we have done so. However, we have also found in some cases that using conciliation backed by the DDA give much better results for the disabled person and the wider disabled community than legal action. So we have to think very carefully about how we approach each case so that we get the best result for the individual, while taking account of our duty to serve all disabled people.

The cases here show the different types of discrimination that disabled people face. Sometimes the law needs to be strengthened. Sometimes the force of the law has to be used so that disabled people can secure their rights and participate fully as equal citizens. Many cases show that a little thought would have prevented the discrimination in the first place. Others show that discriminating against disabled people is costly. It can be very expensive for employers and service providers, as well as destructive of the lives of disabled people.

Although we shall carry on using our legal powers, we hope that disabled people, employers and service providers will continue to use our Helpline, our free advice and information services, and our conciliation services. All of these are being enhanced to take account of new duties under the Special Educational Needs and Disability Act 2001(SENDA). We are doing this so that there are ever fewer cases of discrimination and ever more disabled people securing their rights and creating a society in which all disabled people as able to participate fully as equal citizens.

Bert Massie

Chairman

Introduction

This report is in two sections covering employment cases and goods, facilities and services cases. In each case you can see the issues, the outcome, the areas of interest for the case and which part of the DRC dealt with it. All these cases originated through our Helpline. Each was resolved at different stages of our internal processes, be it our Advice and Information, Casework, Conciliation or Legal services. The emphasis is on legal cases. The most interesting and contentious cases tend to be those that go all the way.

Employment cases

1

Issue

Mr K was a local authority accountant for many years. He became depressed and eventually had to give up work. At first, the employment tribunal rejected his claim because it did not think his depression significantly interfered with his normal day-to-day activities. It said he was not disabled according to the DDA definition. The tribunal decided that psychotherapy was not ''treatment'' and so did not take its effect into account in its decision. It also ignored the medical evidence and made its own assessment of Mr K's impairment.

Outcome

The Employment Appeal Tribunal (EAT) disagreed with the employment tribunal and sent the case back to be reconsidered. The local authority appealed to the Court of Appeal against the EAT's decision. The Court of Appeal agreed with the EAT. Before the case came to trial again, the local authority paid Mr K £120,000 compensation.

Interest

The Court of Appeal made it clear that psychotherapy is treatment and must be taken into account. In other words, Mr K's impairment should have been assessed on the basis of how he would have been without psychotherapy. The Court of Appeal also ruled that a tribunal should consider medical evidence when assessing whether an impairment is a disability. The Court said that the EAT is entitled to substitute its decision for that of an employment tribunal's when the tribunal's decision on disability is "demonstrably unsustainable".

Handled by our legal services

2

Issue

Ms C uses a wheelchair. She was offered a place to read medicine at university. Her disability meant that the course had to be adjusted slightly. However, because of those adjustments, the General Medical Council (GMC) said it could not validate the course as suitable to lead to qualification as a doctor. The GMC also argued that it had not contravened the DDA because it was a regulatory body and not a trade association.

Outcome

The employment tribunal decided that, for the purposes of the DDA, the GMC was a trade association. However, the GMC successfully appealed to the EAT and the original tribunal decision was overturned.

Interest

This case was the first of its kind to consider the validation of educational courses by a qualifying body and test whether qualifying bodies could be treated as trade associations under the DDA. Although the EAT ruled that the GMC is not a trade association covered by the DDA, the Government has since announced that qualifying bodies will shortly come under the DDA through European Community law.

Handled by our legal services

3

Issue

Ms M had a first class degree in genetics and gained her Masters at Cambridge University. As an undergraduate, she had also won a Nuffield Scholarship. She applied for, and was offered, a civilian job with the police force in the south of England as a fingerprints technician. The job offer was then withdrawn on the advice of the force's medical officer, who said that Ms M's history of bipolar affective disorder (manic depression) made her unsuitable for the post.

At the employment tribunal, the police relied on a medical report that was prepared by a locum GP who had never even met Ms M.

Outcome

The employment tribunal ruled that the police force had treated Ms M unfavourably because of her disability and that the treatment was unjustified. It awarded Ms M £19,700 as compensation, including £8,000 for injury to her feelings. The police force has since appealed to the EAT. We await the result.

Interest

The Court of Appeal has made it clear in other cases that, if an employer does a proper risk assessment and takes proper medical advice, it can rely on that information to decide how to treat a disabled employee. However, Ms M's case is a notable example of an employment tribunal deciding that medical advice cannot be conclusively relied upon if it is inadequate.

Handled by our legal services

4

Issue

Ms F was offered a job as an administrative assistant with a telecommunications company. She agreed a start date and was then asked for a health check. She revealed that she had had grand mal epilepsy until temporal lobe surgery in 1996. Since the operation, she had been free of symptoms and no longer required medication. Within days of the health check, Ms F was told the vacancy was no longer available because of staff reorganisation.

Outcome

The case was listed for a full hearing before the employment tribunal but never got that far. The company settled "out of court", paying Ms F £4,000 in compensation.

Interest

This is an example of a disabled person being denied a job for no good reason and the prospective employer apparently using spurious excuses to cover up the discrimination.

Handled by our legal services

5

Issue

Mr G has diabetes. He was working in Scotland as a driller at an open cast mine. Over six months he had three hypoglycaemic attacks (blackouts) while at work. Two of the attacks were not serious but one was, although it did not need major treatment. When he returned to work the morning after the third attack, Mr G was told by his employer to take time off. Two days later he was sacked. His employer did not take medical advice or make any reasonable adjustments to allow him to continue working.

Outcome

The claim was settled when the employer paid compensation of £3,000. Mr G immediately found a job elsewhere.

Interest

Mr G's case was the first DRC case brought in Scotland. It is a striking example of an employer jumping to conclusions and taking fright without considering the alternatives or getting all the facts straight.

Handled by our legal services

6

Issue

Ms R was a catering assistant at a university in Yorkshire. She had spent a short time in hospital with depression. When her colleagues discovered this, they taunted her. The university did nothing about it. In the end, Ms R became quite unable to work, had to take sick leave and was then sacked.

Outcome

The employment tribunal ruled that Ms R had suffered discrimination in two ways. First, she suffered discrimination at the hands of her colleagues and supervisors through detrimental treatment. The university failed to take any reasonable steps to prevent or remedy the situation. Second, the university discriminated against Ms R by sacking her. The university agreed to pay Ms R £17,000 compensation before the remedies hearing.

Interest

The employer was held responsible for not stamping out harassment, and sacking a member of staff who had been stigmatised because of her time in a psychiatric unit.

Handled by our legal services

7

Issue

Ms M worked successfully for some years for a publishing company. She had a history of bipolar affective disorder (manic depression), which she managed with medication. Once, she did not take her medication and, over a day or two, had a form of breakdown. She began to behave in a manner quite out of character and in a way that caused offence to her colleagues. She was admitted to hospital. Without more ado, and while she was still in hospital, her employers sacked her.

Outcome

The employment tribunal ruled that Ms M's employer had discriminated against her. In particular, the tribunal said, the employer had failed to make a reasonable inquiry into the cause of her uncharacteristic behaviour or to consider the options, if necessary, with medical advice. The tribunal awarded Ms M compensation of £23,000, including £8,000 for injury to her feelings.

Interest

This is an example of a tribunal finding that hasty and unreflective action by the employer could be discriminatory. The compensation was relatively high and included a significant sum for injury to feelings.

Handled by our legal services

8

Issue

Ms E was a dental nurse in Merseyside. She developed diabetes. While on holiday, Ms E found out that she was to be moved to non-nursing duties. Her employer did not consider allowing her regular breaks so that she could control her condition.

Outcome

During the tribunal, the employer initially argued that, while his chain of dental practices employed 15 or more people, the practice where Ms E worked had fewer than 15. He claimed that the DDA (which applies only to employers with 15 or more employees) did not apply in Ms E's case. The day before the final hearing, the employer settled with Ms E, paying her £7,000.

Interest

This is an example of an employer changing someone's job without investigating all the facts and considering the options. It is also an example of how small employers might try to claim exemption from the DDA.

Handled by our legal services

9

Issue

Ms J worked in a community project funded by a local authority in Greater Manchester. She developed a form of chronic fatigue syndrome and was harassed at work. The local authority did nothing to tackle the harassment and Ms J felt forced to resign, claiming constructive dismissal.

Outcome

At first the local authority argued that it was not covered by the DDA because it did not employ Ms J. At a preliminary hearing, the employment tribunal decided that the local authority was Ms J's employer because it funded the project, and the project did not have a proper management committee. The claim was listed for a full hearing but was settled on the first day. The local authority paid Ms J £7,000 compensation and agreed to give her a supportive reference.

Interest

This is an example of a tribunal testing the scope of Part II of the DDA on the definition of employment. The tribunal made it clear that local authorities may have the same responsibilities and obligations as an employer when funding projects of this sort.

Handled by our legal services

10

Issue

From 1993, Mr B was employed as a security guard at a

London airport. His pay was £13,000. He developed cataracts in both eyes and in May 2000 had an operation on his left eye. When Mr B returned to work, he was transferred to the cargo area where the artificial fluorescent lighting made his eyes worse. He was told it was not possible to find him other work away from the cargo area. By September 2000 Mr B could not carry on working and had to take sick leave.

Outcome

The employment tribunal ruled that the security firm had treated Mr B less favourably for a reason related to his visual problem. The tribunal decided that the firm had not made reasonable adjustments to Mr B's working arrangements. The claim was settled before the remedies hearing. The employer paid Mr B £23,000 compensation. Mr B is no longer working for the security firm.

Interest

This is an example of an employer's failure to make reasonable adjustments to working arrangements for a disabled employee. The employer's reaction led to the loss of an experienced member of staff and the payment of significant compensation.

Handled by our legal services

11

Issue

Mr H started working for a building contractor in 1997. In 1999 his GP told him that, because of his diabetes, he ran the risk of going blind if he did any heavy lifting. His employer assigned him to lighter duties in September 1999. By October 2000, Mr H realised that he was being assigned to heavier duties again, including lifting heavy weights. The employer asked for a medical report. The GP's report said that there was no reason why Mr H could not do manual work so long as he avoided heavy lifting. Mr H's employer sacked him anyway.

Outcome

Mr H accepted a settlement of £1,250 from his employer.

Interest

This is an example of an employee deciding to accept modest compensation rather than risk an uncertain outcome at a tribunal, despite the medical evidence apparently being in his favour.

Handled by our legal services

12

Issue

Mr G works as an assembly worker in an engineering firm. He has osteoarthritis and psoriasis. After a period of sick leave, his employer told Mr G that, for health and safety reasons, he should not return to work. However, by that time, he was no longer entitled to any sick pay.

Outcome

At a preliminary hearing in the employment tribunal, the employer conceded that Mr G was disabled according to the DDA. The tribunal encouraged a settlement of the case. The employer agreed to pay Mr G £2,200 compensation and made a firm commitment to make reasonable adjustments to Mr G's working environment.

Interest

This case is an example of legal action focusing minds and leading to an outcome that preserved the employer-employee relationship, to the benefit of both parties.

Handled by our legal services

13

Issue

Mr B was an accountant in Scotland. He was entitled to

benefits from a company pension and life assurance scheme. By an oversight, he was omitted from the scheme. By the time this omission came to light, Mr B had cancer and he was refused admission to the life assurance scheme. Mr B's wife took legal action under the DDA after he died.

Outcome

The employment tribunal in Scotland declared that Mr B's wife and executrix could not proceed with the claim under Scottish law, although she would have been able to do so in England and Wales. The Scottish EAT disagreed with the employment tribunal and ruled that the claim could proceed in Scotland.

Interest

This case is a clear example of legal action righting a perceived anomaly in the law between Scotland, and England and Wales. The Scottish EAT went out of its way to emphasise that the DDA is applicable to England, Scotland and Wales.

Handled by our legal services

14

Issue

Mr K has a visual impairment. A large public limited company employed him as a chemist for many years. Believing he had been a victim of discriminatory selection for redundancy, Mr K successfully pursued a DDA claim against his employer and received compensation of about £160,000. When he began applying for new jobs, Mr K discovered that his ex-employer would not give him a reference. He believed this was because of his successful claim.

Outcome

The employment tribunal decided that, because the reference was refused after Mr K's contract was ended, it was not covered by the DDA. The EAT and the Court of Appeal agreed. Mr K has been given leave to go to the House of Lords, so that his case can be considered with two similar ones being brought under the Race Relations Act and the Sex Discrimination Act. The EAT has suggested that the three pieces of legislation should be interpreted as a single equality code where possible.

Interest

This is the first DDA case to go the House of Lords. It involves a potentially controversial interpretation of the DDA. Although the Government has promised to strengthen the law, the case gives the possibility of change much sooner than expected.

Handled by our legal services

15

Issue

Mr B is a wheelchair-user and Dr H has a hearing impairment. In separate claims, Mr B and Dr H argued that their applications for membership of the employment tribunal and the independent tribunal service respectively had been unsuccessful because of their disabilities. The tribunal service, or its sponsoring government department, argued that the posts were statutory offices and not covered by the DDA according to Section 64 of the Act.

Outcome

In both cases the employment tribunal and then the EAT agreed that the posts were exempt from the DDA.

Interest

The EAT made it clear that section 64 does exclude posts of this sort and is likely to be broadly applied. A previous DRC-supported case (Komosa v The Home Office) had failed on the same grounds but had not been taken forward to the EAT. Since a significant number of public posts are technically ''statutory offices'', their exclusion from the DDA is important. The DRC is proposing in its legislative review that the law on this be changed.

Handled by our legal services

16

Issue

Mr T had a history of depression. In April 1999, a leisure company employed him as a part-time maintenance assistant. At the end of Mr T's three months probation, he was sacked, on the grounds that his mood changes made him difficult to work with. However Mr T attributed his mood changes to his history of depression.

Outcome

The employment tribunal ruled that Mr T was not disabled under the DDA. The tribunal accepted that he had three separate episodes of depression. But after each episode Mr T had made a substantial recovery and each episode must be regarded as a separate incident and not part of a recurring condition.

Between bouts of depression, Mr T did not have any adverse effects and at the time of the hearing he was well. The tribunal concluded that Mr T had not shown that he had an impairment, which had a substantial and long-term adverse effect on his ability to do normal day- to-day activities.

Interest

This shows how restrictive the DDA's definition of disability is. It can fail cover a mental impairment like this sort of depression, where episodes are short but intense.

Handled by our legal services

17

Issue

Mr C was a residential care worker. After several violent incidents at work, he developed stress and depression. He took extended sick leave and was dismissed.

Outcome

The EAT ruled that the employer's action was justified and that it did not have to offer Mr C part-time work. It said that Mr C's absence record and the fact that he was not fit for any work made an offer inappropriate. The EAT also ruled that an employer can justify discrimination even if it did not know that the employee was disabled at the relevant time.

Interest

This was one of several cases that reinforce the view that it can be too easy for employers to justify discriminatory conduct to the tribunal, under Part II of the DDA.

Handled by our legal services

18

Issue

Ms D, who is black, has a learning disability. She worked in a food-packaging factory. She alleged that several male colleagues had sexually assaulted her. She was suspended on full pay, and then dismissed. Ms D's claim was based on the argument that her version of events had not been taken into account because of her disability. It was also claimed that the process for dealing with her complaint had not been adjusted for her circumstances.

Outcome

The claim was settled without a hearing. The employer agreed to pay Ms D £11,000 and to give her an acceptable reference.

Interest

This is a case involving multiple discrimination on grounds of learni disability, race and gender, showing how acutely vulnerable our client was.

Handled by our legal services

19

Issue

Mr O works as an assembly worker in an engineering factory. He has osteoarthritis and psoriasis and he had a hip replacement, involving several weeks off work. While he was off, he stopped accruing holiday entitlement, which is common in low paid work.

Outcome

Both parties were anxious to reach a settlement so that Mr O could continue working at the factory. The employer therefore agreed to pay £2,200 in settlement, and to talk to Mr O about adjustments that could be made to his work environment.

Interest

This is an example of court proceedings leading to a positive settlement and a disabled employee keeping his job.

Handled by our legal services

20

Issue

Mr N was offered a senior job with a large publishing company. Before starting, he took a holiday in the USA. While on holiday he discovered that he had skin cancer. He sent an email to his new employer telling them this and suggesting that they delayed his start date. Without further inquiry, the prospective employer withdrew the job offer.

Outcome

Mr N took legal action and recovered £12,000 compensation from the publishing company. This was to reflect his loss of income and the injury to his feelings.

Interest

This was an over-hasty response from a prospective employer leading to the loss of a potentially valuable employee and significant compensation.

Handled by our legal services

21

Issue

Mr B worked for an engineering firm for two years, doing driving and general labouring. Due to a back injury Mr B was off work for several months and his employer sacked him. This was despite medical evidence that he would have been able to return to all but 5%-10% of his normal duties.

Outcome

Mr B agreed to accept a settlement of £2,700.

Interest

This is an example of an employer not accepting the conclusions of a risk assessment based on medical evidence. This meant the loss of an employee who might have been kept on to everyone's advantage.

Handled by our legal services

22

Issue

Mr N worked for a large organisation, which had a strict absence management policy. He was being penalised for a disability-related absence. The company had overlooked occupational health reports, which had suggested allowing time off for medical appointments. The DRC advised Mr N about the employer's duty to make reasonable adjustments.

Outcome

The employer eventually agreed that staff would not be penalised if they had a doctor's certificate showing they were absent because of their disability.

Interest

This is a good example of advice to just one client that led to a change across a major organisation, benefiting current and future disabled employees.

Handled by our casework service

23

Issue

Mr A was born without a right hand and had been a qualified driving instructor for more than 20 years. He had applied to become an examiner in 1989 but his application was turned down. He was turned down again in 1991 and 1996. Mr A tried again in June 2001. Our Helpline advised him that he was being treated less favourably and helped him to write a letter about his application.

Outcome

Within three days of sending the letter Mr A received an application form. He then took the examiner's driving test and interview. He has now been accepted for the examiner's training course.

Interest

This case demonstrates that often all that is needed is a simple letter explaining the rights of disabled people.

Handled by our Helpline

24

Issue

Mrs W had dyslexia and got a new job with a pizza company. She asked to take the induction forms home to allow her extra time to fill them in. The next day, the company called Mrs W and withdrew the job offer. A caseworker advised her that she could make a claim to the employment tribunal.

Outcome

The pizza company offered the client a new job on a higher wage.

Interest

This is in example of how, when advised of the rights of disabled people, a company may respond well, and even increase its recognition of a disabled employee.

Handled by our casework service

25

Issue

Mr K is a deaf man who was refused a job as a medical

records clerk because he was unable to answer incoming telephone calls.

Outcome

The employment tribunal ruled that the job tasks could easily have been re-arranged so that he did not have to answer the phone and that answering the phone was not a major part of the job anyway. The tribunal concluded that Mr K had been discriminated against because no adjustments were offered to allow him to avoid telephone work.As a result, Mr K was awarded £7,436 in damages.

Interest

This is the first case in which the DRC has taken a case to tribunal on behalf of a deaf person discriminated against at work. This case emphasises once again that an employer must now be willing to make "reasonable adjustments" to remove discriminatory barriers that disabled people face every day when they go for jobs.

Handled by the DRC legal services

Cases involving discrimination by providers of goods, facilities and services

26

Issues

Mr W has diabetes. At the time of the case, he was 15 years old and a pupil at a grant-maintained school in Lancashire. Mr W was refused permission to go on a water-sports holiday in France because he had suffered a hypoglaecymic attack (or blackout) during a previous trip abroad. The school thought he was a risk to himself and others. It also argued that the trip was "educational" and not covered by the DDA.

Outcome

At a preliminary hearing in the Preston County Court, the district judge ruled that the trip to France was not educational and that in principle the school could be liable for contravening the DDA if it had discriminated against Mr W.

At the final hearing, the district judge ruled that the school had discriminated against Mr W, particularly in banning him from a trip without doing an adequate risk assessment. The district judge awarded £3,000 for injury to feelings, including £2,000 in aggravated damages because of the way the school had failed to reconsider its original decision despite being asked by Mr W's parents to do so.

Interest

This was the first case to be taken against a school under Part III of the DDA and had significant results.

The court decided in which circumstances a school trip was educational under the DDA. It was also a significant finding of discrimination, despite the school's argument. The relatively high award included a sum for aggravated damages.

Handled by our legal services

27

Issue

Mr R is blind. He was refused entry to a local restaurant in the Midlands with his assistance dog.

Outcome

Once the restaurant owner realised that he was in breach of the DDA, he agreed to pay compensation of £500, to change his policy on the admission of assistance dogs and to advertise that change in the restaurant window.

Interest

This was one of many cases involving disabled people being refused entry to restaurants and pubs with assistance dogs.

Handled by our legal services

28

Issue

Mr L uses a wheelchair. A holiday company advised him that, if he wanted to spend his West Country holiday in a caravan big enough for his wheelchair, he would have to pay extra.

Outcome

The holiday company agreed to pay £1,500 compensation to Mr L, and to display its disability policy on its website and at all its holiday parks.

Interest

This is an example of a large holiday company accepting that its terms for disabled people were not fair.

Handled by our legal services

29

Issue

Mr R is has multiple sclerosis. A golf club told him that he could not use a motorised golf cart because it would damage the turf.

Outcome

The county court ruled that the golf club was in breach of Part III of the DDA and should change its policy. Although a private club, it was still liable for breaches of the DDA because Mr R was on the course as a fee-paying nonmember.

Interest

This is a clear example of a county court ruling on the liability of a private members' club for breaches of the DDA.

Handled by our legal services

30

Issue

Mrs D has a neurological condition that makes her hand

shake. The agents of a big utility supplier refused to accept her signature on a contract. They insisted on getting a counter-signature from a neighbour and didn't even tell Mrs D first.

Outcome

The county court ruled that the company was in breach of the DDA and ordered it to pay £850 compensation.

Interest

This is an example of a county court ruling that a service provider is liable for breaching Part III of the DDA.

Handled by our legal services

31

Issue

Mr F uses a wheelchair. He was refused entry to a restaurant in Edinburgh.

Outcome

The sheriff court found the restaurant in breach of Part III of the DDA and awarded Mr F £400 compensation.

Interest

This is an example of a Sheriff court ruling that a service provider is liable for breaching Part III of the DDA.

Handled by our legal services

32

Issue

Mr P uses a wheelchair. A friend had to come with him if he wanted to attend a certain rugby union ground in Scotland. He also had to pay for the extra seat, albeit at a reduced rate, and he had to join the disabled fans' register. Even then Mr P could not have the seat he wanted, because the best seats were reserved for people who had become disabled while playing rugby. He was also unable to buy tickets on the website and could not benefit from special ticket offers.

Outcome

The rugby club agreed to change its arrangements for disabled people and to introduce disability equality training for its staff.

Interest

This is an example of a common situation that was put right through a major sports ground in Scotland making a simple change in its procedure.

Handled by our legal services

33

Issue

Mr B is deaf. He bought a mobile phone thinking that a special offer giving purchasers 200 minutes of free use would extend to text messages. In fact, the offer was confined to ordinary telephone calls and no use to Mr B.

Outcome

The telephone company agreed to pay Mr B £450 in compensation.

Interest

This is an example of a telephone company accepting that its special offer put a deaf customer at a disadvantage.

Handled by our legal services

34

Issue

Ms P uses a wheelchair. She went for a night out with three colleagues. She was asked to leave the restaurant because her wheelchair was getting in the way of staff and other customers.

Outcome

The County Court decided the restaurant was in breach of the DDA and awarded Ms P £1,000 compensation.

Interest

This is an example of relatively big compensation for injury to feelings.

Handled by our legal services

35

Issue

Mr H has a skin condition that causes blisters on his hands and neck. He was told to leave a nightclub in Kent because staff said he might offend other customers who would not want to use the same glasses as he did.

Outcome

The nightclub accepted that it was at fault and agreed to pay £2,000 compensation.

Interest

This is an example of direct prejudice arising from a disfiguring skin condition, and a significant settlement.

Handled by our legal services

36

Issue

Mr C uses a hearing aid. He wants to attend public council

meetings at his local town hall. At first, the council promised to install an induction loop, but then it wrote to say that it did not have to do so until 2004 and so Mr C would have to wait.

Outcome

The council has now installed an induction loop in the main council chamber and is considering it for other public meeting rooms.

Interest

This is an example of service providers sticking to the letter of the law over 'compliance' then giving way to better practice on the intervention of the DRC.

Handled by our legal services

37

Issue

Ms D has spina bifida and uses sticks to support herself. She was enjoying a night out at a club in South Yorkshire. Whenever she wanted to use the adapted toilet, she had to ask staff behind the bar for the key. At first it was fine, but the second time, Ms D had to wait half an hour until the key was found.

Outcome

The club accepted that it had treated Ms D badly and agreed to pay £800 compensation.

Interest

This is an example of a club realising that its arrangements for and attitudes towards disabled people caused upset that could have been avoided.

Handled by our legal services

38

Issue

Ms V has a significant visual problem. She was unable to go on an IT training course with her other colleagues. Even though she had told the trainer about her needs in advance, Ms V found that none of the materials was available in alternative formats. Instead the trainer kept reminding her that she would not be able to do the activities.

Outcome

The case was referred to formal conciliation. After a full face- to-face discussion, the trainer gave Ms V a full apology. The trainer also agreed to give her a free, full day's consultancy and accepted advice on future disability training. Finally the trainer agreed that in future every effort would be made beforehand to meet the needs of those training.

Interest

This is a good example of a lack of awareness leading to exclusion and embarrassment. It also shows how formal conciliation can sometimes lead to a wider-ranging solution than a court.

Handled by our conciliation service

39

Issue

Mr L uses a wheelchair. He booked a room in a hotel that was part of a large international chain. He needed a bed for himself and another bed for his personal assistant. All the accessible rooms had only double beds. Mr L was told he would have to pay for the additional room for his personal assistant.

Outcome

The case was referred to conciliation. A local member of staff and a manager from its European headquarters represented the hotel chain. It agreed to change its booking procedures so that there was no repeat of Mr L's experience anywhere in the European chain. Staff would also be given better training on disability issues.

The chain also agreed to look at installing shower chairs. It also paid £1000 compensation to Mr L.

Interest

This is an example of conciliation achieving more than is likely through the civil courts, at no cost to both sides and in a much shorter time. Policy was changed not only in the UK but also in Europe. The issues went beyond the particular case and Mr L was able to suggest innovations that the chain was glad to consider.

Handled by our conciliation service

40

Issue

Ms P has a severe speech impediment. She was refused service at her local pub because the bar staff thought that she was drunk. She was also subjected to derogatory and insulting remarks.

Outcome

The case was referred to formal conciliation, which lasted an hour, with the bar manager and the licensee. There was a complete lack of understanding at the start. Then gradually, the bar manager who had thrown Ms P out of the pub, overcame his unfamiliarity with the way she spoke and by the end of the meeting they were discussing issues easily. The bar manager realised he had been at fault and apologised. He also accepted an instruction from the licensee to attend disability equality training and to pass on what he had learned to other staff.

Interest

This is a clear example of a complete misunderstanding leading to humiliating treatment of a disabled person, and of conciliation bringing about insight and a complete change of heart. Once again, conciliation was free to both parties and much quicker than a court.

Handled by our conciliation service

41

Issue

Mr Q has a mobility problem. He regularly uses his local railway station. He found that the accessible seating that he normally uses at the station information point had been removed, and nobody could explain why. It made his previously manageable daily routine particularly difficult.

Outcome

The case was referred to conciliation and a telephone conference was held for convenience. It was agreed that the missing seating would be returned and properly sign- posted. There would be a single point of contact at the station in future for Mr Q. The station staff accepted that they had not responded well to Mr Q's inquiry. Mr Q said that he found conciliation excellent and not at all confrontational.

Interest

This is an example of conciliation, even by telephone, giving a solution where a successful DDA claim was unlikely. Conciliation also ensured that the relationship between the parties was better at the end than it had been at the beginning - something that is almost unheard of in the traditional legal process.

Handled by our conciliation service

42

Issue

Mr M has limited mobility. He won a competition offering

free tickets to a concert at a Premier League football ground. When he went in a car to the concert, he was unable to get help from stewards to gain access to the designated car park. Neither the club nor the competition sponsor had asked him about his access needs.

Outcome

The football club agreed that all its publicity in future would refer to access and disability issues. The club also agreed to special contact points for anyone with access needs and to ensure that stewards had disability training. The club said it would invite Mr M as its guest to a future special event.

Interest

This is an example of conciliation clearing up a misunderstanding, getting some compensation and, most importantly, changing policy to benefit other disabled people.

Handled by our conciliation service

43

Issue

Mr F has multiple sclerosis. He could not use one of the two parking bays for disabled people at a private leisure centre because non-disabled people were using both bays.

Outcome

The club agreed its arrangements were unsatisfactory and agreed changes in policy. It would create two more parking bays for disabled people and ensure that these were marked conspicuously. New members would be asked to observe the parking restrictions and the club news letter would have an article on access for disabled people. The club also agreed to refund Mr F's subscription of £1,000 and to waive his membership fees for the next two years.

Interest

This is an example of how conciliation can persuade a service provider to change policy, helping the individual and other disabled people.

Handled by our conciliation service

44

Issue

Mr D has limited mobility. He enjoys angling. He wanted to fish in the evening at a local park but needed to get in by car. However, he could not do this after the daytime park attendants had stopped work.

Outcome

The park agreed to a new way of locking the car park gates so that disabled anglers could still get in after the normal working hours. Mr D is to be involved in developing it.

Interest

This is an example of conciliation producing a simple solution through flexibility on both sides. It is also a welcome example of a disabled person being involved in developing a practical solution.

Handled by our conciliation service

45

Issue

Mr and Mrs B both use wheelchairs. They were given a gift voucher for a night out at a London show and an overnight stay in a West End hotel. The gift company had no information on wheelchair access at hotels or theatres, and there was no access advice in its brochure. The company was challenged on the basis that its brochure excluded information on disabled access.

Outcome

Mr and Mrs B received £500 and the company agreed to audit its policies, practices and procedures so that they complied with the DDA.

Interest

This highlights how a simple change in policies and procedures can prevent discrimination in future.

Handled by our casework service

46

Issue

Mr S is disabled. He had difficulties booking an adapted room with a well-known national hotel chain. The chain's policy did not allow advance bookings with specific requirements. Our advice and information service wrote to the chain on behalf of Mr S.

Outcome

The chain said it would update its entire booking system, to allow specific rooms to be allocated for disabled guests. The head of customer services also offered to personally arrange Mr S's bookings in future.

Interest

This is an example of how, by working co-operatively, a positive solution can be reached to benefit many disabled people.

Handled by our advice and information service

47

Issue

An energy company consistently sent bills to a blind customer in the wrong format. This included sending the customer a final reminder (red) bill, despite her many requests for Braille bills.

Outcome

After our casework service intervened, the company apologised in a Braille letter and promised that all future letters would be in an appropriate format.

Interest

This is an example of how sometimes we need to threaten legal action to bring a company to the table. Only then do some companies realise how easy it is to put things right.

Handled by our casework service

48

Issue

  1. A client had arthritis and spondalitis. She complained about a big communications company that would not call her back to discuss problems with her bills. The company had a policy of not returning customers' calls. Outcome

After long discussions with the company, the matter was satisfactorily resolved. The company apologised and gave her compensation and a hands-free phone. It also briefed all of its 'customer-facing' managers - responsible for training 40,000 staff - to make clear what they had to do under the DDA and to ask staff to anticipate difficulties associated with impairments. The company has dropped its policy of not returning customers' calls.

Interest

This is an excellent example of how an issue affecting a single person can lead to significant changes in a large commercial organisation, helping many disabled people.

Handled by our casework service

49

Issue

A major supermarket chain's home delivery service would not bring goods to a disabled woman's kitchen for her to unpack because it had a policy of delivering to the front door.

Outcome

Following discussions with our casework service and the conciliation service, the company apologised, paid compensation and, most importantly of all, reversed its policy.

Interest

This is an example of how, through discussion, a company has increased the market for its home delivery service and made its services more accessible to many more disabled people.

50

Issue

Mr W had a mental disability. His son managed his financial affairs and had a general enduring power of attorney. This effectively meant that Mr W's son controlled his father's bank account. Unfortunately, for security reasons, Mr W's bank would not let his son open an internet account on his father's behalf.

Outcome

Once legal action had begun, the bank agreed to a settlement. In addition to £1,000 compensation to Mr W and another £1,000 to a charity of Mr W's choice, the bank agreed to change its policy so that other disabled customers could use its internet service more easily. Other banks have now followed suit.

Interest

This is a good example of legal action leading to a settlement that benefits the disabled person and leads to policy changes that could help many other disabled people.

Handled by our legal services Handled by our casework service

Appendix — Legal background

The Disability Rights Commission (DRC) has the power to fund cases brought by disabled people in England and Wales, and Scotland, under Parts II and III of the Disability Discrimination Act 1995 (DDA).

Part II DDA gives rights to disabled people over discrimination by employers and trade associations.

Part III DDA gives rights to disabled people over discrimination by the providers of goods, facilities and services.

After the Special Educational Needs and Disability Act 2001 is introduced in September 2002, the DRC will also have the power to fund cases on disability discrimination in education.

Cases under Part II DDA begin in the employment tribunal. Appeals are made first to the Employment Appeal Tribunal (EAT).

Cases under Part III DDA begin in the county court in England and Wales, and in the sheriff court in Scotland.

The DRC also has the authority to set up independent conciliation to settle disputes under Part III DDA, to complement the conciliation offered by ACAS under Part II DDA. In March 2001, the DRC set up the Disability Conciliation Service, which is run on behalf of the DRC by Mediation UK.

Conciliation can only happen if both sides agree. The service is free to both and is often quicker than the court and tribunal. The settlements often go beyond the solutions from courts and tribunals.

Glossary

Codes of Practice:
guidance on the meaning of the Disability Discrimination Act 1995, produced by the DRC.
Conciliation:
a form of negotiation used to settle disputes without going to court.
Disability Discrimination Act 1995:
legislation establishing rights for disabled people that can be enforced.
Employment tribunal:
forum for determining employment disputes, including those arising under Part II Disability Discrimination Act 1995.
Employment Appeal Tribunal:
forum for determining appeals from the employment tribunal.
General Medical Council:
the professional regulatory body for doctors.
Legislative review:
a review of the Disability Discrimination Act 1995 undertaken by the DRC in 2002, including recommendations for changes to the law.
Section 64 Disability Discrimination Act 1995:
the section of the Act that excludes statutory office holders from the protection given to employees.
Special Educational Needs and Disability Act 2001:
legislation extending the Disability Discrimination Act 1995 to schools, colleges and universities.
Out of scope:
cases that are not covered by the Disability Discrimination Act 1995.

LEGAL3 October 2002

You can contact the DRC Helpline by voice, text, fax, post or email. You can speak to an operator at any time between 08:00 and 20:00, Monday to Friday. If you require this publication in an alternative format and/or language please contact the Helpline to discuss your needs. It is also available on the DRC website: www.drc-gb.org

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