Retail surgery: Will the equality act affect my disabled access obligations?

While the Equality Act 2010 relates to anyone with a ‘protected characteristic’ - this includes age, gender, race, religion and disability - the law regarding disability discrimination is largely unchanged. But all retailers need to be aware of the statutory duties that apply to service providers and employers.

Regarding access arrangements for disabled customers, the duty for shop owners to make reasonable adjustments is familiar and remains highly relevant.

Vivien King, consultant to building surveying firm Malcolm Hollis, says the key to compliance is identifying features or practices that actively put disabled customers at a substantial disadvantage, before taking reasonable steps to remedy them. Features that might cause disadvantage can be broadly divided into three categories:

• Any provision, criteria or practice, such as excluding dogs from the premises
• A physical feature, such as a flight of stairs
• The lack of an auxiliary aid, such as an induction loop to assist deaf customers.

Reasonable adjustments include removing, altering or avoiding the item in question or, for service providers, adopting a reasonable alternative method of providing the service.

“Such disadvantages can often be solved with a simple fix,” says King. “For example, by allowing guide dogs to enter premises, or providing an induction loop for deaf customers.”

Offending physical features might not just be down to a building’s design or construction. They could include a building’s fixtures, fittings, furniture and furnishings. “We are not just talking about steps, doors and toilets,” says King. “Make reasonable adjustments for disabled customers and law compliance will follow.”