Provision of services

This page outlines very briefly the rules under Part 3 Equality Act 2010 against discrimination by shops, businesses and other providers. There is more detail in the Services FAQs. A separate page suggests guidelines for service providers on Making services accessible.

For discrimination before 1st October 2010, see this pre-Equality Act services page. Also Which Act applies: Equality Act or DDA?

In general, anyone providing goods, services or facilities to the public is prohibited from discriminating against disabled people. On this website I use 'services' as a shorthand for 'goods, services or facilities'.

The rules apply whether the services are provided free or for payment. They include for example shops, local councils and government departments, telesales businesses, and courts (see Appearing in court).

There are special rules on education and employment services, and there are limited exceptions in the case of airlines and ships. Public functions (eg police arrest) and many private members' clubs are also within the Equality Act even where they do not involve services to the public.

Broadly, there are rules against providers treating a person less favourably related to disability, sometimes subject to an 'objective justification' defence. There is also a duty to make reasonable adjustments.

Examples of what may well breach the Equality Act:

putting the phone down on a person because of the stammer;
a person who stammers not being given the extra time needed to communicate;
being rude to a customer or mocking them because they stammer;
voice-activated phone systems - booking or enquiry systems where the computer cannot understand what you say and you cannot get put through promptly to a real person;
voice analysis on insurance claims, if this leads to insurance claims by people who stammer being investigated with particular suspicion on the basis that they are likely to be dishonest.

You can complain to the service provider, which may help raise awaress of the importance of making services accessible for people who stammer, and produce improvements for others with a stammer. The Equality and Human Rights Commission has a helpline. The helpline may refer disputes to the Equalities Mediation Service. Court cases normally go to the County Court (sheriff court in Scotland). Amongst other things, the court can award compensation for injury to feelings. See sources of help and advice.

There is a statutory Equality Act Code of Practice on services, public functions and assocations (pdf, link to EHRC website). It is not binding but needs to be taken into account by courts.

There is much more detail at the Services FAQs, and the pages linked from it. For public authorities, the Public Sector Equality Duty is likely to apply, as well as the normal rules.

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Provision of services

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