Shopkeepers could understandably be shuddering over the threat of disability discrimination claims, which can lead to fines of up to 100,000, after seeing last nightís Watchdog programme.
However, leading UK provider of employment advice and support, Croner, is advising them that failure to provide a ramp could be in breach of the law, but does not automatically mean a disability discrimination claim.
Yesterday eveningís Watchdog programme described the case of two women, one in a wheelchair, who deliberately set about visiting shopkeepers and then making claims against them if they could not provide a ramp on request.
The law states that all service providers, irrespective of size, must comply with the Disability Discrimination Act 1995 (DDA), put in place to make services more accessible to people with a disability. Significantly for small businesses, compensation awards are based on the injustice suffered by the claimant, rather than the employerís ability to pay, so Croner is advising all small business owners to make sure they understand the law.
Individuals can claim against a business if they fail to make provisions to prevent them being placed at a substantial disadvantage because of their disability, meaning service providers need to consider changes to the way they provide their services, and consider making certain physical adjustments to their premises.
But, as Richard Smith, employment law expert at Croner, explains, shopkeepers neednít be too alarmed, but should understand the read threat of litigation and take this opportunity to ensure they comply with the DDA.
Croner is offering a Disability Compliance: Policy and Practice information pack to shopkeepers to achieve compliance with the DDA, available to download from their online Download Centre. The Download Centre offers immediate access to forms, factsheets, model policies or step-by-step guidance. Prices for Download Packs start from 35, visit www.croner.co.uk
Croner also offers a comprehensive range of compliance information to suit the needs of organisations of all sizes, including consultancy, a business support helpline and a range of software, online services and loose-leaf manuals. For more information on how to comply with the DDA, please call: 020 8247 1632.
Smith says: Last nightís programme is an unusual example of people attempting to use the law for extreme purposes, and all the claims have now been withdrawn. Itís not correct to say that failure to provide a ramp is automatically going to lead to a disability claim - it depends greatly on the resources of the business and the amount of usage that would take place, so we want to put small shopkeepersí minds at rest.
Itís true however that they need to consider physical adjustments to overcome barriers of access to their premises, but thatís not the only option. Disability awareness training for staff or allowing more time to serve a customer with a disability can be enough.
Shopkeepers need to be able to prove that they are continually assessing physical adjustments that could be made to their premises to aid disabled access, such as widening doors, lowering light switches, or providing a ramp. This stands them in good stead when proving they are complying with the DDA.
The law is clear in that adjustments are íreasonableí. For example, if a shopkeeper will encounter great expense or disruption in making physical changes, it may be considered reasonable for them to make other changes that enable them to serve disabled customers. This could be a simple as listening to the needs of disabled customers and responding with ways that make services more accessible to them.
Smith adds: There is more to the DDA than just providing ramps, however with possible fines that could send a small business into financial ruin, itís worthwhile taking a diligent approach to the Act. ENDS Issued by Robson Brown Public Relations on behalf of Croner, part of Wolters Kluwer (UK) Limited
Disabilities act not designed to catch out shopkeepers
íReasonableí Adjustments Enough to Comply with the Law
