Services FAQs
This page deals with rights under Part 3 of the DDA. It focuses on services to the public, which includes discrimination by shops, businesses and most others providing goods, services or facilities. The page also links to other Part 3 rules, such as those on public authority functions. To have the DDA rights, your stammer needs to be a 'disability' within the DDA. A separate page suggests some Guidelines for service providers.
What is covered?
Special cases
What counts as unlawful discrimination?
What is the 'justification' defence?
How does this apply to stammering?
Are there any cases on stammering?
If there is discrimination
Further information
WARNING: This page may need to be updated. The House of Lords decision in London Borough of Lewisham v Malcolm (June 2008) is likely to make it more difficult to argue discrimination for a reason related to the disability. Claimants will often seek to argue their case as a breach of the duty to make reasonable adjustments. More on the House of Lords decision...
What is covered?
- Anyone providing goods, services or facilities to the public, whether or not for payment, is prohibited from discriminating against disabled people. This is very wide and includes for example:
Special cases
- Some areas are subject to special rules:
- transport has a limited exemption as regards ships and aircraft. From 4th December 2006 most land transport is within the DDA. Even for ships and aircraft, the DDA applies to timetables, booking facilities, waiting rooms etc;
- education and related services for pupils and students normally come within separate rules in DDA Part 4. But, for example, a wholly privately funded college is likely to be within the general Part 3 rules on services to the public;
- public authority functions were brought within the DDA from 4th December 2006 even where they are not services to the public - eg arrest by a police officer. Separate rules apply to them;
- private members' clubs with at least 25 members are covered by separate rules within Part 3, even if they are not providing services to the public;
- there are separate rules for those selling, letting or managing premises - but hire of premises or booking rooms in hotels or guest houses is normally within the standard Part 3 rules;
- 'employment services' have special stronger protection from 1st October 2004, in accordance with the EU Framework Employment Directive.
What counts as unlawful discrimination?
- A provider must not for a reason related to your disability treat you less favourably in that:
- he refuses to serve you; or
- the standard of service, or manner in which he provides the service, are worse; or
- the terms on which he provides the service are worse;
- unless he shows he is 'justified'.
- It is also discrimination if the provider fails to make a reasonable adjustment without 'justification'. An adjustment could be:
- changing a policy, practice or procedure which makes it impossible or unreasonably difficult for the disabled person to make use of the service; or
- providing an auxiliary aid or service which would enable disabled people to use the service or make it easier for them to do so, if it would otherwise be impossible or unreasonably difficult for the disabled person to use the service.
- The provider's obligation to make an adjustment is limited to what it is 'reasonable' for him to have to do. Also he is not required to do anything which would fundamentally alter the nature of the service or of his trade, profession or business.
- There are also reasonable adjustment obligations relating to physical features, but these are not really relevant to stammering.
What is the 'justification' defence?
- So far as seems relevant to a stammer, the provider needs to reasonably hold an opinion that:
- the treatment is necessary so as not to endanger health and safety; or
- the treatment is necessary for the provider to be able to provide the service at all; or
- where the discrimination is a difference in terms (eg a higher price), this reflects the greater cost to him of providing the service to the person who stammers - but that does not allow a charge for steps taken under the duty to make reasonable adjustments.
- The 'justification' defence applies to both less favourable treatment and the reasonable adjustment duty.
- However, the defence should not normally apply in relation to stammering - see examples in next heading.
How does this apply to stammering?
- Examples of what is not likely to be allowed are:
- putting the phone down on a person because of a stammer;
- being offhand or rude to customers because they stammer;
- a person who is stammering not being given time to communicate where there is a queue of people behind, unless the provider would not listen to a fluent person saying the same thing. It is not a justification merely that other people are inconvenienced or delayed. The treatment could be justified in very limited cases such as where health and safety is involved. It is not clear how far the provider could insist the stammerer writes instead of speaks.
- Voice-activated telephone systems - providers may well be obliged to offer a real person to speak to where the computer cannot understand stammered speech.
- Voice analysis on insurance and benefit claims - software flagging up claims that are likely to be dishonest (eg due to hesitant speech), so that they can be subjected to particularly rigorous investigation, raises DDA issues as regards people who stammer.
- There are issues as to how far a provider is allowed to charge more if a service takes longer because of a stammer.
Are there any cases on stammering?
- I don't know of any court decisions on access to services specifically on stammering.
- There is a case resolved by the Disability Conciliation Service, where a person with a severe speech impairment (I don't know whether it was stammering) in a local pub was refused service, said to be drunk, and subjected to insulting remarks by a member of the bar staff.
- I know of at least one case relating to a helpline where a person who stammers complained to the service provider and had them remedy the situation, without seeking compensation. More on helpline example...
If there is discrimination
- You can call or email the Equality and Human Rights Commission helpline (the EHRC has taken over from the Disability Rights Commission).
- You can complain to the business and/or consult a citizens advice bureau, Law Centre or solicitor - see sources of help and advice.
- You can try conciliation, using the Disability Conciliation Service (www.dcs-gb.org) funded by the EHRC. This may be particularly useful where you want lasting change.
- Where there is a breach of the DDA, you are normally entitled to a compensatory payment, most importantly for injury to feelings. Awards usually range from £1,000 upwards.
- Complaints can be taken to the County Court (sheriff court in Scotland), generally within six months. The Disability Rights Commission can sometimes assist in bringing cases.
Further information
- Sources of help and advice - Equality and Human Rights Commission helpline, BSA, advice agencies etc
- Guidelines for businesses and other service providers which includes relevant links, for example on talking with people who stammer.
- For issues with courts (civil and criminal), see my Appearing in court page, and try the Court Service Disability helpline on 0800 358 3506. This may help on such things as problems giving evidence, taking the oath with a stammer, and other things to do with the courts themselves.
- External websites:
- For web links generally on stammering and disability discrimination see the links page.
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© Allan Tyrer 1999-2007
Last updated 15th June, 2007
