The Disability Discrimination Act 1995

Part III of the Disability Discrimination Act 1995 - Access to Goods, Facilities and Services makes it unlawful for service providers, landlords and other persons to discriminate against disabled people in certain circumstances:

• Since 2 December 1996 it has been unlawful for service providers to treat disabled people less favorably for a reason related to their disability;
• Since 1 October 1999 service providers have had to make ‘reasonable adjustments’ for disabled people, such as providing extra help or making changes to the way they provide their services; and
• Since 1 October 2004 service providers may have to make other ‘reasonable adjustments’ in relation to the physical features of their premises to overcome physical barriers to access.

Further information is available in The Equality Commission for Northern Ireland’s Code of Practice: Rights of Access Goods, Facilities, Services and Premises

What are the benefits to my business?

Adopting an inclusive approach can have practical benefits for your business. It should be remembered that:

• 23% of people in Northern Ireland have a disability (includes hearing, visual and cognitive impairments as well as with physical disabilities). This equates to 400,000 potential customers.
• 40% of households in Northern Ireland include a disabled resident.
• £249 billion pounds is spent by disabled customers in the United Kingdom each year.

The improvements you make may also broaden your customer base.
For example:

• Friends and families accompanying persons with a disability;
• Customers with pushchairs or carrying heavy shopping or luggage;
• Customers with prams, pushchairs or young children; and
• Older customers who may not consider themselves to be disabled but who appreciate easier access.

Download The Equality Commission for Northern Ireland’s fact sheet - 'Why Access Mean Business'

What is disability?

The Disability Discrimination Act (DDA) defines disability as “a physical or mental impairment which has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities”.

Physical impairment - this includes, for instance, a weakening of part of the body (eyes, ears, limbs, internal organs) caused through illness, by accident or from birth. Examples are blindness, deafness, paralysis of a leg or heart disease.

Mental impairment - this includes mental ill health and what is commonly known as learning disability.

Substantial - put simply, this means that the effect of the physical or mental impairment on ability to carry out normal day-to-day activities is more than minor or trivial. It does not have to be a severe effect

Long-term adverse effect - the effect has to have lasted, or be likely to last, overall for at least twelve months and the effect must be a detrimental one.

People who are diagnosed with cancer, HIV and multiple sclerosis are deemed to be disabled from the point of diagnosis rather than from the point when the condition has some adverse effect on their ability to carry out normal day-to-day activities.

A normal day-to-day activity is something which is carried out by most people on a fairly regular and frequent basis, such as washing, eating, catching a bus or turning on a television. It does not mean something as individual as playing a musical instrument to a professional standard or doing everything involved in a particular job.

Further information is available in The Equality Commission for Northern Ireland’s ‘Definition of Disability' publication

What does the law say?

Those who provide goods, facilities and services to the public, or a section of the public, cannot discriminate against a disabled person.

It is unlawful for service providers to treat disabled people less favorably for a reason related to their disability. Service providers must not:

• refuse to serve a disabled customer
• offer a disabled customer a lower standard, or worse manner of service
• offer a disabled customer less favorable termsIt is not necessary for customers to prove that you intended to discriminate against them, they only have to show that they received less favourable treatment.

Which organisations are covered?

The Act makes it unlawful for those providing goods, facilities or services to the public and those selling, letting or managing premises to discriminate against disabled people in certain circumstances.

How should I make adjustments for persons with a disability?

Service providers who offer services to the public must make reasonable adjustments. In order to make a reasonable adjustment, a service provider may have to:

• change a practice, policy or procedure which makes it impossible or unreasonably difficult for disabled people to use their services, for example, amending a “no dogs” policy to allow a disabled person accompanied by a guide dog to enter their premises
• provide an auxiliary aid or service if it would make it easier for disabled people to make use of their services, for example, the provision of information in alternative formats such as audio tape, Braille or large print
• provide a reasonable alternative method of making services available to disabled people where a physical feature makes it impossible or unreasonably difficult for disabled people to make use of them, for example, providing staff assistance to disabled customers who cannot access goods due to their disability when shopping.

Service providers have to make reasonable adjustments to the physical features of their premises to overcome physical barriers to access. A physical feature includes:

• any feature arising from the design or construction of a building on the premises occupied by the service provider
• any feature on those premises or any approach to, exit from or access to such a building
• any fixtures, fittings, furnishings, furniture, equipment or materials on such premises, including steps, kerbs, internal and external doors, toilet and washing facilities, lighting, signs and furniture
• all features are covered whether temporary or permanent. A building means an erection or structure of any kind.

The duties placed on service providers towards persons with a disability are ‘anticipatory’. This means that you need to consider the requirements of persons with a disability in general and not the individual requirements of each customer with a disability that may come to use their service. The needs of persons with a disability should be considered in advance, rather than waiting until a person with a disability wants to use the service you offer.

Can a service provider treat a disabled customer less favorably or not make reasonable adjustments?

A service provider can justify treating a disabled customer less favorably or refusing to make reasonable adjustments:

• where the treatment is necessary in order to avoid endangering the health and safety of any person
• where the disabled person is incapable of entering into a legally enforceable agreement or of giving informed consent
• if they would otherwise be unable to provide the service to the disabled person or other members of the public
• when greater expense is involved in providing a special service for a disabled customer
• when an adjustment would fundamentally alter the nature of a business or service.

The service provider must believe that one or more of the above conditions exist and it must be reasonable to hold that belief.

Is there anything to stop a disabled person being given more favorable treatment?

A service provider may treat a disabled person more favorably than others. For example, a theatre manager can offer people who are hard of hearing front stall seats at rear stall prices; football clubs can reserve pitch-side places for wheelchair users; and historic houses can offer concessionary prices for disabled people.

Every customer counts: promoting accessible services

The Equality Commission for Northern Ireland has developed the "Every Customer Counts" initiative to support Northern Ireland traders seeking to promote accessible services.

It includes an easy to follow three-step process including a self-audit checklist, action plan template and customer service statement. Their goal is to encourage businesses to consider how open their services currently are to persons with a disability.

You can also contact The Equality Commission for Northern Ireland to discuss your plans and get additional support and guidance

Updated: 24/08/20

This information is provided as a guide and is not designed to be definitive. Each business has its own requirements, depending on the type of accommodation.

For precise or detailed information, or on the legal implications for you in particular, you should consult Equality Commission for Northern Ireland.