Are Costco in breach of Equ Act?

[7catsisnotenough]

I was refused entry to my local Costco today as I am medically exempt from wearing a face covering. The staff offered to do my shopping and I accepted. When I was paying for my shopping I was told that "the service is only available on Tuesday and Saturday, for essential items only and if you email in advance ".

Am I not right in thinking this is in breach of both the Equality Act and the Disability Act? Whilst I appreciate that Costco is a membership club surely the secondary conditions are in breach even if they can skirt the primary?

It sounds like they’ve made a reasonable adjustment under the Equality Act. They also have a duty of care to their employees.

They offered an alternative so no.

No they have offered a reasonable adjustment, same as if a shop is inaccessible to a wheelchair then an offer to get your shopping is acceptable.

I think they could argue that that’s a reasonable adjustment for your disability which provides you with what you need while also safeguarding their employees. Whether that argument would hold up in court if you sued is anyone’s guess.

I bet a lot of people who are given that alternative in the doorway suddenly find their asthma or whatever has miraculously improved though.

As it is a member's only company I think they get round it.

They ban everyone regardless of medical exemption if you don't wear a mask or a visor.

No they're not as you're still able to buy essential items from them in a 'click and collect' fashion if you can't or won't wear a facemask.

Good for Costco.

You got what you needed from the shop. Also it's not a god given right to shop in Costco. I assume you have a very good reason for not being able to cover your mouth for 10 minutes, but they were more than accommodating offering to get your items for you. You should be commending them for this with a positive thread, not a negative one.

Costco is doing a great job at providing ample supplies and protecting their employees.

Thanks for all of your thoughts. I do have a good reason for not being able to wear a mask @LindaEllen, I have PTSD hth.

I appreciated them doing my shopping, it was the fact that I wasn't allowed to do it myself that distressed me. I guess I'll be signing up for Makro instead as they still allow exempt shoppers to do their own shopping.

It sounds like they handled it well. Their change in policy has had a huge about of press coverage, had you not heard about it? As a member, it’s a surprise you hadn’t been notified is some way before you went shopping today.

They kept you and their staff safe and acted with reasonable adjustments from what you describe.

Well done COSTCO.

Good call by Costco.

They have a duty of care to their employees, some of whom may also have a disability or be otherwise vulnerable, so their accommodation to you seems reasonable.

Your being exempt doesn't make you any less potentially infectious, so if they allowed you in, any disabled employees could claim that this was breaching the EA, as it may have prevented them from working.

Just to say that there is no disability discrimination act anymore. It was replaced by the Equality Act 2010 (except in Northern Ireland).

By the way, you don't have to wear a 'mask' - it's a face 'covering' that's needed. So you could try wrapping a scarf around your face or wearing a visor if wearing a mask against your nose and mouth would be too difficult for you.

See: www.gov.uk/government/publications/face-coverings-when-to-wear-one-and-how-to-make-your-own/face-coverings-when-to-wear-one-and-how-to-make-your-own

"so if they allowed you in, any disabled employees could claim that this was breaching the EA, as it may have prevented them from working."

No, this is not legally accurate. Stop scaremongering.

Is this the fragrant Stephanie Halliday (or whatever alias they are going under these days) posting, by any chance?

My friend works at Costco, she was shielding in the first lockdown and the only way she has been able to go back is because they are really thorough with their Covid policies.

They arranged an alternative for your shopping while keeping their staff and members safe. Well done Costco.

No, they haven't breached the Equality Act (which contains the Disability discrimination legislation, there is no longer a separate disability discrimination act).
I appreciate that you'd rather go Into the store, but they have made their products available to you. That the way they have done this is not in the way you would prefer, is not covered by the act.