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Five Weeks to Go to new Equality Act

16 replies

amberlight · 13/08/2010 15:48

www.equalities.gov.uk/pdf/GEO_EqualityLaw_Business_acc2.pdf

Are you fed up with businesses, charities, organisations or anyone else providing a service who is rude, aggressive or discriminatory because you have a disability or because your child does? Or who lets others be rude or appalling to you or refuse you a service you can actually use...and says it's not their worry?

The law is being strengthened and from 1 October will be a lot easier to understand and a lot easier to use, from the hundreds of pages I've read through so far.

I particularly like the link above, that explains more clearly that "Businesses that provide goods, facilities or services must not allow their customers to be subjected to harassment." "In each case the conduct must have the purpose or effect of violating a persons dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them"

So it doesn't matter if a business (or their customers using it) deliberately set out to offend or harass someone with a disability or not...if that's what it does anyway, it's still illegal if the business/group doesn't sort it out.

Also applies if they treat you badly because you're associated with a disabled person, e.g. your child.

Same for charities, government groups etc.

Hurrah. That's a start.

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sarah293 · 14/08/2010 13:55

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amberlight · 14/08/2010 14:02

That'll be £6,500 in compensation, I believe...

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sarah293 · 14/08/2010 14:05

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amberlight · 14/08/2010 14:14
Grin
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amberlight · 14/08/2010 14:17

[http://www.shoosmiths.co.uk/news/2732.asp]]

Equivalent case - wheelchair user, couldn't get into his bank - they tried to say it was all very unreasonable etc etc and why didn't he use internet banking or go to somewhere else or they could chat to him outside...- court told them to pay him £6,500 compensation for his distress.

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amberlight · 14/08/2010 14:17

bum - link failure

www.shoosmiths.co.uk/news/2732.asp

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StarlightMcKenzie · 14/08/2010 16:46

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amberlight · 14/08/2010 17:47

Yup, I think it can. The Equality Act means equality and dignity and respect and fairness for all people in nearly all situations except private ones like home and family. www.opsi.gov.uk/acts/acts2010/en/ukpgaen_20100015_en.pdf page 66 to 69 look good for this.

"This section makes it unlawful for the responsible body of a school to
discriminate against, harass or victimise a pupil or prospective pupil in relation to the
terms on which it offers him or her admission, by not admitting him or her, or in the way it treats the pupil once admitted.....It also imposes on the responsible body of a school the duty to make reasonable adjustments for disabled pupils and prospective disabled pupils."

The National Autistic Society is now running a Legal Team and they are looking for cases to put through the courts that will help families make a real difference for their children. If anyone has a really strong case but can't afford to take it to court (and who can!?) then contact the NAS and find out if they're interested.

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amberlight · 14/08/2010 17:52

ehrc-consult.limehouse.co.uk/portal/equality_bill/educ_user?pointId=1265109202280#section-1265109202280

and that's another summary of the duties of local authorities etc for disabled pupils. It's from the consultation but I think it's gone through in pretty much the same wording on the final versions.

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beautifulgirls · 14/08/2010 21:46

Thank you, thank you, thank you - this may just be the final bit of leverage I need to get our LEA to help DD#1. (well ok, I can dream! .....wish me luck)

amberlight · 15/08/2010 07:41

Good luck! Smile

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waitingforgodot · 15/08/2010 21:07

amberlight
does this apply to Scotland?

amberlight · 16/08/2010 07:32

Yup, it does. But not Northern Ireland I think.

www.adviceguide.org.uk/scotland/your_rights/discrimination_index_scotland/equality_act_2010_discrimination_and_your_rights.htm

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roundthebend4 · 16/08/2010 08:43

Trouble is that word reasonable adjusrnts who decides what is reasonable

amberlight · 16/08/2010 09:04

New test is "proportional" rather than "reasonable", which is a tougher one and much harder for providers to deny.

"Reasonable" was easy for people to deny, because "reasonable" is just an opinion. Anyone could claim anything wasn't "reasonable" so no court could prove it. Now they have to show a clear provable reason with real facts and real research to show precisely why it smashes their business into the ground if they include a disabled person. Or would cause total havoc for their other customers. Let's see them get round it now.. (tee hee hee)

Much tougher to ignore. Or so we're told.

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waitingforgodot · 16/08/2010 18:08

thanks Amber
Will have a wee read

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