Disability Discrimination Claims

Being discriminated against because of your disability can leave you frustrated, upset, angry or embarrassed.

If you have been discriminated against because of your disability, our expert discrimination solicitors can help.

What is Disability Discrimination?

Disability discrimination happens when you’re;

1. Treated unfairly, or
2. Placed at a disadvantage.

Because you have either a physical or mental disability.

Discrimination can be;

• Intentional or unintentional
• A single act,
• A policy or rule
• Physical or communication barriers that make accessing or using something difficult or impossible.

How the Equality Act Defines a Disability

The Equality Act 2010 states;

 A person has a disability for the purposes of the Act if he or she has a physical or mental impairment and the impairment has a substantial and long-term adverse effect on his or her ability to carry out normal day-to-day activities

The act protects those who have a progressive illness, condition or impairment. Like multiple sclerosis for example. Even if you’re still fully able to get by every day. As soon as you receive a diagnosis of a progressive condition, the Equality Act protects you.

 It also protects you if you have had a disability in the past. If it lasted for 12 months and you have now recovered, the act still protects you from discrimination related to that disability.

Types of Disability Discrimination You Can Claim For

There are 4 types of disability discrimination you could claim for;

Direct Disability Discrimination

This happens when someone treats you worse than another person because of your disability. For example;

A holiday park refusing to let a person take part in activities because they have a disability.

Indirect Disability Discrimination

This occurs when a company or organisation has a policy or way of working that applies to everyone. But it places people with a disability at a disadvantage. For example:

A company that insists on taking information over the phone indirectly discriminates against deaf people who can’t communicate over the phone. Or if a company only provides written correspondence by post indirectly discriminates against blind people who are unable to read.

Failure to Make Reasonable Adjustments

Organisations have an obligation to ensure disabled people can access products, services and education as easily as non-disabled people.

An example of failure to make reasonable adjustments is a landlord failing or refusing to install mobility aids.

Discrimination Arising From a Disability

This is when you are treated unfairly because of something connected to your disability. For example;

If you’re blind and have a guide dog. A restaurant refuses you entry because they don’t allow dogs inside.

The need for a guide dog is connected to your disability. You’re not discriminated against because you’re blind, but because you need a dog to help you.

Who Can I Make a Disability Claim Against?

You can make a disability discrimination claim against anyone that provides a service to the public. This includes individuals, private businesses and public bodies. For example;

• Supermarkets, retail stores and restaurants
• Higher Educational institutions like universities
• Leisure centres, gyms and holiday companies
• NHS and private healthcare providers
• Local councils
• Private hire transport companies, public buses and trains
• Private clubs, and
• Government departments

How Long Do I Have to Make a Claim For Disability Discrimination?

The time limit in which you can make a claim is short. It’s only 6 months less one day from that date your discrimination happened.

This means that if you plan to make a claim, you must seek legal advice as soon as possible.

How to Make a Disability Discrimination Claim

If you have suffered discrimination as a result of your disability, you may have a claim.

To find out if you have a case, contact our discrimination lawyers. We will take some details about your complaint to make sure you have a case we can pursue.

We’ll also ask if you have any evidence to support your claim. Evidence could be;

• Any supporting documents – these could be copies of emails, text messages, letters or even voicemails or voice notes
• Witnesses – statements from people who witnessed your discrimination.
• You own account of what happened – discrimination often happens as part of a conversation so we might be able to use your own statement.

After reviewing the details and evidence of your case, we will be able to confirm whether or not you have a claim. If you do, we will explain how to proceed.

Why Choose Ringrose Law?

Our discrimination solicitors have represented clients in all kinds of cases. Some involving single acts of discrimination, others involving discriminatory policies that affect thousands of people.

We have represented clients in successful cases including;

• Accommodation: Where hotels have either refused entry on the basis of a person’s disability. Or where they fail to provide suitable provisions for the disabled visitors.
• Inaccessible buildings: Physical barriers that prevent disabled people from accessing shops, banks, concert venues and sports stadiums.
• Inaccessible information: Where a company or organisation sends written documentation to a blind person. Or contacts a deaf person by phone.
• Transport services: Lack of ramps and or assistance to get on an off vehicles. Lack or wheelchair spaces or refusing to allow guide dogs in taxi, on trains and or buses.
• Restaurants: Refusing to blend food or make dietary adjustments. Failing to provide access or facilities, or refusing to allow entry to guide dogs.
• Universities: Failing to make reasonable adjustments or provide support for students with physical and mental disabilities