Disabled claimants win case

The Equality Commission has welcomed positive outcomes in two legal cases brought under the Disability Discrimination Act 1995 (DDA) in which disabled people were discriminated against when trying to access public services.

In the first instance a blind man from London who was in Belfast for business reasons received a settlement of £500 from the George Guesthouse in Belfast. Mr Gebbels alleged that the guesthouse, which is now under new ownership, refused to accept his booking or allow him to stay there because he used a guide dog. During the same trip the Moghul House restaurant refused him service because of his guide dog. In this settlement the restaurant unreservedly apologised to Mr Gebbels and paid him £750 for significant injury to feelings. It also agreed to work with the Equality Commission to ensure that its practices, policies and procedures comply with the provisions of the DDA and the Code of Practice.

In the second case, heard before Omagh County Court, a deaf woman was awarded £750 compensation after she was refused an interview with a solicitor's firm because they would not pay the associated costs of an interpreter. The Judge held that the company had failed to make reasonable adjustments for the woman and should have been more proactive in this duty.

"These cases send an important reminder to everyone providing goods, facilities or services to the public that they must ensure that their services are accessible to disabled people.

In addition to the requirement for businesses to do this, it also makes good sense in terms of customer satisfaction," said Dame Joan Harbison, Chief Commissioner of the Equality Commission.

"One in five people in Northern Ireland have some form of disability. When you include family and friends, this represents a significant target customer base for businesses which are currently failing to tap into this resource. This is too large a group of potential customers for businesses to ignore or to continue to discriminate against. The Commission is committed to ensuring that everyone knows that such discrimination is not only bad business and unacceptable but also unlawful," she said.

Notes to the editor

The duties to service providers under the Disability Discrimination Act 1995 have beenintroduced in three stages.

1. Since 2 December 1996 it has been unlawful to give disabled people less favourable treatment for a reason related to their disability.
2. Since 1 October 1999 people providing services have had to make 'reasonable adjustments' for disabled people, such as providing extra help or making changes to the way they deliver services.
3. From 1 October 2004 they may have to make other 'reasonable adjustments' to the physical features of their premises to overcome barriers to access. "

The Code of Practice - Rights of Access, Goods, Facilities, Services and Premises can be used in evidence in legal proceedings under the DDA.

Organisations have a duty to provide a Sign Language / English interpreter under the DDA in employment situations and in the provision of services. Yet many organisations are failing to meet their duties or are passing the costs on to the individual who needs the service. This is leaving businesses vulnerable to legal action, large compensation payouts and bad publicity.

Disability discrimination cases involving employment are brought before an Industrial Tribunal and those involving goods, facilities and services before a County Court.

For more information:

Una O'Kane
Communications Officer
Communications and Coordination Unit
Equality Commission for Northern Ireland

028 9089 0862
Textphone: 9050 0589
uokane@equalityni.org