The Law

What is the Equality Act? 

the Equality Act 2010 was enacted on 2 December 1996 and required that most organisations improve their facilities to ensure that disabled persons were not discriminated against. Disabilities include those who are blind and partially sighted.

The Code of Practice states:

• since 2 December 1996, it has been unlawful for service providers to treat disabled people less favourably for a reason related to their disability;
• from 1 October 1999, service providers have had to make “reasonable adjustments” for disabled people, such as providing extra help or making changes to the way they provide their services; and
• from 1 October 2004, service providers will also have had to make “reasonable adjustments” to the physical features of their premises to overcome physical barriers to access.
  

Tactile signs are “reasonable adjustments”.

The new Code of Practice, Regulations and Practical Guide States that “On 1 October 2004 the final stage of the goods, facilities and services provisions in Part III of the Equality Act will come into force. The new duties will apply to businesses and to other providers of services to the public where physical features make access to their services impossible or unreasonably difficult for disabled people.”

In theory, this means that by 1 October 2004, all necessary reasonable adjustments should have been made.

There is not a business or organisation that is excluded from this requirement.

The final phase of the Equality Act came into force in October 2004 and has far reaching implications for all businesses. For instance, firms with fewer than 15 employees are no longer able to legally refuse to take on a disabled employee.

Overall the Equality Act 2010 & 2005 aim to protect disabled people against discrimination – both in employment and when using a service or facility.

How does this affect businesses?

From October 2004 businesses had to make ‘reasonable adjustments’ to their premises in order to make their services accessible for disabled people. This included putting up clearer signs for visually impaired customers, installing an induction loop for deaf people as well as installing ramps/handrails to improve disabled access, correct table/counter heights, highlighting danger areas or removing obstacles all complying to British standard BS8300 and Part M of the buildings regulations.

From September 2005 further and higher education institutions will be required to make reasonable adjustments to physical features of premises, such as steps, where these put disabled people at a substantial disadvantage.

Problems and solutions vary from business to business. The law stated you could make the alterations in four ways:

• Remove the barrier or obstacle
• Altering such as adding a ramp, clearer signage, counter/reception heights altered etc.
• Find a means of avoiding the problem – for example, reconfiguring the internal layout of a building
• Providing a service or access by reasonable alternative means, offering a home service, installing call bells at approved heights, adjusting door opening strengths etc.

What if an alteration costs too much?

The Equality Act refers to ‘reasonable adjustments’. If the cost of an alteration would put you out of business an access audit would note this in a report of your building and attempt to find a more reasonable solution still giving you compliance to the Equality Act.

What if businesses have no disabled customers?

That’s no argument under the law. The duties under the Equality Act are ‘anticipatory’ so saying you have no disabled customers will not provide any legal protection.

Are listed buildings exempt?

There are restrictions on how listed buildings can be altered, but they are not exempt under the Equality Act. Businesses that operate from listed buildings need to take specialist advice about how to remove access barriers.

What are the risks of doing nothing?

There is a possibility of having to defend a costly legal action. But there is also a pressing economic argument. The Disability Rights Commission (DRC) estimates that disabled people’s spending power amounts to £50bn per year. It argues that ignoring the Equality Act laws means losing custom – especially if competitors have already made improvements. It is a fact that between 14% and 24% of the population has a disability or is closely involved with a disabled person.

That is almost a quarter of all potential customers or employees. The improvements suggested by the Equality Act will benefit them and encourage them to do business with you.

In addition, many of the improvements will also benefit other customers, such as parents with pushchairs, people carrying heavy shopping etc. As a service provider under the Equality Act you are likely to get significantly more customers and bring considerable benefit to your existing customers by meeting the recommendations.

What do I do next?

Because most barriers can be easily and inexpensively removed it is vital to clearly establish low cost and reasonable initiatives that avoid unnecessary expenditure on extravagant provisions. In recent research by the DRC, it was found that despite one in ten businesses stating that they would prefer not to have to make their premises accessible for disabled people, eight out of ten predicted a positive rise in profits after improving access for disabled people.

Businesses need to know that reasonable adjustments are all that is required by the Equality Act. An access audit will take into account your business turn-over and make suggestions that are reasonable to you and your business

For more detail on the legislation and best practice, please go to our links page.

“On Behalf of Newcastle city Council I thank Tactile signs for the excellent service provided in the installation of signage at the Civic Centre. From initial inception through to manufacture and installation the service has been excellent and have no hesitation in working with you in the near future.”

Neil Swinney – Access Officer
Newcastle City Council