Cases on provision of services

The claimant was required to hire a wheelchair to get from the airport check-in point to the plane, rather than being provided with one free of charge. The airline and airport were both held liable for unlawful discrimination, under the Disability Discrimination Act 1995 (DDA). Each was 100% liable to the claimant, but as between … Read more

This important decision emphasises that it can be direct discrimination to stereotype people, even if the stereotype has some truth to it. An individual should not be assumed to hold characteristics associated with the group, whether or not most members of the group do indeed have such characteristics, House of Lords, 2004. Full judgment: bailii.org. … Read more

Court of Appeal. [2000] 2 FCR 69. The applicant complained that she was being charged by her local authority for home care by reason of the fact she received disability living allowance. The receipt of DLA was a reason related to her disability (multiple sclerosis). She argued that this contravened Part 3 of the Disability … Read more

House of Lords, 2000. Full judgment: bailii.org. The case of Phelps v Hillingdon Council involved a child had dyslexia. An educational psychologist failed to diagnose the dyslexia. Accordingly the child was not given education appropriate to her condition. The House of Lords upheld a decision that the educational psychologist owed a duty of care to … Read more

House of Lords, 1990. Full judgment: bailii.org. The Council provided free swimming facilities for old age pensioners. At the time this meant the qualifying age was 65 for men and 60 for women. The House of Lords held this was sex discrimination, regardless of motive. The test was objective. ‘But for’ his gender, a man … Read more