Disability discrimination – section 21(2) DDA 1995

A salutary lesson for all of those involved in the business of providing services to the public is to be found in the Sheffield county court case of Allen v Royal Bank of Scotland plc. (The link provides you with a link through to the Law Centres Federation website, but this contains a further link through to the county court judgment). This case is one of the very few examples we have of a claim being brought against a provider of services for unlawful discrimination under the Disability Discrimination Act 1995, and in particular under the section 21(2) duty to make reasonable adjustments. In simple terms, those providing services to the public from premises must make sure that the premises, or the service provided from the premises, do not make it impossible or unreasonably difficult for a disabled person to obtain the service. The obligation incurred by the Bank in this case to pay damages in the sum of £6,500 is probably easily absorbed. Of major concern to the organisation, however, is the harm to the public perception of the organisation where it is found to have unlawfully discriminated against a disabled person. However, of far greater significance to service providers generally is the decision of the District Judge to award an injunction requiring the Bank to install a lift in the branch by the end of September. This addition is estimated to cost around £200,000.