Member Article

Disability discrimination and Arcadia

With Watson Burton LLP Law FirmThe recent news story involving the Arcadia Group, one of the country’s largest retailers, has provided a timely reminder to all businesses of the practical steps they must take to ensure compliance with the 2005 Disability Discrimination Act (“the Act”). Joanne Holland, a 39 year old wheelchair user, attempted to do some clothes shopping at her local Burton store but was confronted with an inaccessible building. To enter the shop floor she would have needed to ascend a flight of stairs as there was no provision of a lift. Staff at the Burtons store offered to bring goods to her at the entrance of the store – so she could browse for her chosen attire in the street! Needless to say this offer was rejected by Ms Holland, who is now taking the clothing giant to court in order to try to force them to make provision for disabled shoppers.Part 3 of the Act gives disabled people rights of access to everyday services, including shops, and this applies to all enterprises regardless of their relative size. A local independent clothing retailer is under the same duty as Arcadia to provide access for disabled people. Since 1 October 2004 shops (amongst other service providers) have been required by the Act to make reasonable alterations to their premises to ease access for disabled people, or to offer an alternative way of accessing their services. This could include removing steps and widening doorways, in fact removing any physical barrier which restricts access may be considered a reasonable adjustment (depending on the individual circumstances). In order to avoid falling foul of the Act in the same way as Arcadia you should ensure that you have taken all reasonable steps to alter your property in order to provide for easier access. The steps you might need or be able to take are too numerous to cover here. However, the Disability Rights Commission provides a practical guide on their website for small businesses who might be looking to improve access to their premises at www.drc-gb.org.For more information on this or any other employment law related issue please contact Watson Burtons LLP’s employment law team on 0191 244 4444.

This was posted in Bdaily's Members' News section by Ruth Mitchell .