The following can only provide the briefest introduction to some aspects of the Act but there are sources of information below should you require more detailed guidance on the Act.
The Equality Act 2010 means that those providing a service, such as shops, restaurants, banks, churches, social clubs and many others must think ahead and take steps to improve access so that it is not difficult for disabled people to use their service.
Anyone providing a service is required to make reasonable changes, where needed, to improve the service they provide for disabled customers or potential customers. There is a legal requirement to make reasonable changes to the way things are done (such as changing a policy), to the built environment (such as making changes to the structure of a building to improve access) and to provide auxiliary aids and services (such as providing information in an accessible format, an induction loop for customers with hearing aids, special computer software or additional staff support when using a service).
Reasonable changes are required wherever disabled customers or potential customers would otherwise be at a substantial disadvantage compared with non-disabled people. A substantial disadvantage is more than a minor or trivial disadvantage.
What is reasonable will depend on all the circumstances, including the cost of an adjustment, the potential benefit it might bring to other customers (ramps and automatic doors benefit customers with small children or heavy luggage, for example), the resources an organisation has and how practical the changes are.
Where a service is delivered from a building that cannot be made accessible through changes that would be considered reasonable it may be considered suitable to provide the service at a different venue, including a home visit.
Previously under the Disability Discrimination Act, adjustments to premises and to policies, practices and procedures had to be made only where it would otherwise be ‘impossible or unreasonably difficult’ for a disabled person to use the service. Now, under the Equality Act 2010, adjustments must be made where disabled people experience a ‘substantial disadvantage’. This means that more adjustments have to be made than previously.
What to do if you feel you have been discriminated against
If you have a disability and feel that it has been difficult for you to use a service the following information may be useful to you.
If you find it difficult to access a local service - for example, you cannot use a shop or cafe because the counter is too high, or they have a step - you could contact the organisation and let them know. It is in their interest to make sure everyone can use their service.
It is best to offer constructive suggestions to whoever is providing the service as to how they could improve the situation. A good way to do this would be to give details of the difficulty you are having in accessing their service and give examples of how other businesses have solved the problem, if you know of any.
If you reach an agreement as to what can be done ask if they can put it in writing. This will help you follow it up if no action is subsequently taken.
Where to get more formal help
If discussion with whoever is providing the service does not result in any helpful changes then you could consider seeking more formal help and advice. If you decide to do this you should contact The Equality and Human Rights Commission (EHRC) (external link).
The Commission gives information and advice to the public and to service providers. It does not provide general legal representation, though occasionally it will take up a case of discrimination which has significance for many other people.
The Commission runs a useful Helpline. The Helpline is there to give information and guidance on discrimination and human rights issues. All of the Helpline staff have been specially trained to provide this service.
Sources of Information
