Access and facilities for disabled people

There are around ten million disabled people in Great Britain. You must not discriminate against disabled people who use your goods or services. You are also required to make reasonable adjustments for disabled people.

Reforms introduced by the Equality Act 2010 also make it unlawful to directly discriminate against someone wrongly perceived to be disabled or to treat someone less favourably because of an association with or link to a disabled person – for example refusing to serve a parent of a disabled child because the child is disabled.

Businesses that provide a service to the public are legally required to make reasonable adjustments to the physical features of their premises where they put disabled people at a substantial disadvantage compared to non disabled people. This is in addition to other duties not to discriminate and to make reasonable adjustments.

This guide covers ways of making your premises accessible to disabled people that would otherwise put them at a substantial disadvantage compared to non-disabled people in accessing to your services.

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Who is protected under the Equality Act 2010

In general, a person is considered disabled for the purposes of the Equality Act 2010 if he or she has a physical or mental impairment which has a substantial, long-term and adverse effect on his or her ability to carry out normal day-to-day activities.

A person who has had a disability in the past that met the Equality Act’s definition is also protected from disability discrimination and harassment.

Impairments include:

• physical, eg mobility impairments
• mental, eg learning disabilities and some mental illnesses if severe and long term
• sensory, eg hearing impairments or visual impairments

Substantial means more than minor or trivial.

Long term means the impairment has lasted, or is likely to last:

• for at least 12 months
• for the rest of the life of that person

Normal day-to-day activities means activities that are carried out by most people on a regular and frequent basis.

Special rules apply to people with certain impairments. For example, people with cancer, multiple sclerosis and HIV are deemed to be disabled people effectively from the point of diagnosis. Some people with a visual impairment are also deemed to be disabled. People with severe disfigurements are automatically treated as if the disfigurement has a substantial adverse effect on day-to-day activities.

Conditions that are not considered to be an impairment for the purposes of the Equality Act 2010 include:

• addiction to alcohol, cigarettes or other drugs – unless they result from drugs that have been prescribed by a doctor, or other medical treatment
• seasonal allergic rhinitis (including hay fever)
• a tendency to start fires
• a tendency to steal
• a tendency to physically or sexually abuse other people
• exhibitionism
• voyeurism

Extended protection under the Equality Act 2010

The majority of the provisions in the Equality Act 2010 came into force on 1 October 2010 and extended protection from harassment to disabled people in relation to services. It also extended protection from discrimination and harrassment to some people who do not actually have a disability themselves. For example, those who are incorrectly perceived to be disabled and people associated with a disabled person. For example, it is now direct discrimination to deny access to, or to provide an inferior service, goods or facilities to, an associate because they are a parent or carer of a disabled child.

Download guidance on discrimination by perception or association from the Government Equalities Office (PDF, 275K)- Opens in a new window.

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Change practices to improve access for disabled people

Your business will have established a way of providing a service to its customers. This involves establishing:

• practices – what your business actually does
• policies – how your business regulates what it does
• procedures – the systems set up to ensure the policies are achieved

Practices, policies and procedures may be:

• set out formally, eg a ban on animals entering the premises
• established informally or by custom, eg owners are discouraged from entering the premises with an animal but there is no outright ban or penalty for non-compliance

Your business may have in place certain practices, policies and procedures (referred to in the Act as a “provision, criterion or practice”) which place disabled people at a substantial disadvantage compared to non-disabled people in accessing your goods or services. You must, where reasonable, take steps to change any practice, policy or procedure so as to provide a service that is as close as possible to the standard of service provided to other people. You must not wait until a disabled person wants to use a service before making any reasonable adjustments. You must consider the need for, and put in place, any reasonable adjustments that may be needed for disabled customers.

You can do this by:

• removing the practice, policy or procedure altogether
• making exceptions to the practice, policy or procedure to accommodate disabled people
• instructing and training all employees so that they are aware of these changes

Examples of changing practices, policies and procedures include:

• waiving a ‘no dogs’ policy to allow disabled people accompanied by an assistance dog to enter your premises
• allowing other forms of identification other than a driving licence – thereby allowing disabled people who are not permitted to hold a driving licence to access your goods or services

Businesses in England, Wales and Scotland can read information on access for disabled people on the Equality and Human Rights Commission (EHRC) website- Opens in a new window.

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Provide auxiliary aids or services to assist disabled people to access your goods or services

An auxiliary, or additional aid is a piece of equipment or technology, such as an induction loop for people with hearing impairments. Auxiliary aids are not limited to communication – you might provide a portable ramp or handrails to help customers with mobility impairments to access your premises.

An auxiliary service means providing assistance to help a disabled person to use your goods or services.

Examples of such services include:

• training a member of staff in British Sign Language (BSL) so that they are able to communicate with customers who are hearing impaired and who use BSL as their main form of communication
• helping a customer in a wheelchair to access goods which are out of their reach or bringing goods to the till if aisles cannot be accessed by wheelchair users

When considering what auxiliary aids or services are required, you will need to take into account that different people will have different requirements. Some people, for example, may have multiple disabilities, such as speech and hearing impairments.

Judging whether the aids and services are reasonable

You should take ‘reasonable steps’ to provide auxiliary aids and services. What is regarded as ‘reasonable’ for one business may be different for another. Whether the auxiliary aids and services you provide are judged as reasonable may depend on such things as:

• the size of your business
• the resources available to your business
• the cost of providing the extra aid or service

In the event of a dispute only a court can decide what is reasonable.

Making permanent alterations to your premises

You may be required to make reasonable adjustments to the physical features of your premises to ensure your services are accessible to disabled people.

Businesses in England, Wales and Scotland can read information on access for disabled people on the Equality and Human Rights Commission (EHRC) website- Opens in a new window.

Read about the Northern Ireland disablement advisory service on the Department for Employment and Learning Northern Ireland website- Opens in a new window.

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Overcome physical barriers to access

The physical features of your premises can create barriers that can put disabled people at a substantial disadvantage compared to non-disabled people in accessing your goods or services.

A physical feature:

• is determined by the design or construction of the building
• forms part of the approach, entrance or exit to your premises
• can be fittings, fixtures, furniture, equipment, machinery or materials
• is any other physical element on your premises

Examples of physical features include:

• steps, stairways, kerbs
• floors and pavings
• doors and gates
• toilets and washing facilities
• lighting and ventilation

Under the Equality Act 2010 you must make reasonable adjustments to overcome these barriers. You can do this by:

• removing the physical feature altogether
• changing it so it no longer creates a barrier
• providing a reasonable means of allowing disabled people to avoid using the physical feature

You are required to make reasonable adjustments to your premises, to the way you do things or by providing auxiliary aids where disabled customers and potential customers may be at a substantial disadvantage compared with non-disabled customers. Find out about creating access to business buildings and services on the Equality and Human Rights Commission (EHRC) website- Opens in a new window.

Examples of overcoming barriers created by physical features to help disabled people access your goods and services include:

• providing a wider car parking space in your customer or staff car park reserved for use by Blue Badge holders
• replacing steps with temporary or permanent ramps at the entrance of your premises
• fitting hand rails to help disabled people use small steps, eg one or two steps
• widening doorways so that wheelchairs can pass through easily
• making signs easier to read, eg you could supplement written signs with pictures and visual signs
• moving furniture or other obstacles to allow a clear passageway for people with a mobility or visual impairment

Jobcentre Plus offers a range of services to support employers who want to recruit disabled people and help them stay in work. For more information, see our guide on support if you employ someone who is disabled.

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Improving access and use of facilities by disabled people if you are an employer

You may need to make alterations and changes to physical features to accommodate disabled employees. If the physical feature puts disabled employees at a substantial disadvantage compared with your non-disabled employees, you must take steps to adjust it so as to remove or reduce its impact. These alterations are called reasonable adjustments.

These steps could include, where reasonable, making structural or physical changes to premises, such as:

• widening doorways to allow a wheelchair to pass through easily
• replacing steps with ramps
• relocating light switches and door handles for someone who has difficulty in reaching
• putting in place audio-visual fire alarms
• providing accessible toilet facilities for disabled employees

These steps also involve allowing the person to work in a more easily accessible place, such as by:

• transferring a wheelchair user’s workstation from an inaccessible upper floor to the ground floor
• allowing a disabled job applicant to be interviewed in an accessible room
• providing specially modified equipment, such as a special keyboard adapted for someone who has arthritis, or a telephone adapted for someone with a hearing impairment

If you are an employer, you have duties under the employment provisions of the Equality Act 2010 not to discriminate against and to make reasonable adjustments for your disabled employees or disabled job applicants.

The employment provisions of the Equality Act 2010 apply to all employers, regardless of size, except service in the armed forces.

The reasonable adjustment duties under the employment provisions are not anticipatory and therefore you are only required to consider the needs of an actual disabled employee or, in the case of the recruitment process, a disabled job applicant.

For more information, find guidance for managers and employers on the Equality and Human Rights Commission (EHRC) website- Opens in a new window.

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What to consider before making an adjustment for disabled employees

Effective adjustments to allow disabled people to access and use your facilities often involve little or no cost to your business.

Do you need to make an adjustment to a physical feature?

You only need to make adjustments to your premises if a disabled employee would otherwise be at a substantial disadvantage to that of a non-disabled employee. Before making the adjustment, you could consider:

• the extent to which the disadvantage would be alleviated
• the cost of making the adjustment
• what financial resources your business has access to
• whether you have access to external resources to help you bear the cost
• whether adjustments have been made for other disabled employees
• how willing the disabled employee is to co-operate with any adjustment you make

The Access to Work (AtW) programme provides practical support to disabled people to help overcome barriers in the workplace. It can also provide help to employers. If you wish to know more about AtW, you should contact the Disability Employment Adviser at your local Jobcentre. Find out about the AtW programme on the Directgov website- Opens in a new window.

For more information on the support available from Jobcentre Plus, see our guide on support if you employ someone who is disabled.

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Make significant changes to your premises

If you provide services to the public, you are legally required to take reasonable steps to ensure that the physical features of your premises do not make it unreasonably difficult or impossible for disabled people to make use of your service.

However, if you are a provider of services in England and Wales, you do not have to make an alteration or adjustment to any physical feature for a period of up to ten years from installation or construction of that feature. In England and Wales, the feature must have been installed or constructed in accordance with whichever of the 1992, 1999 or 2004 editions of Approved Document M to the Building Regulations applied at the time. In Scotland it must have been installed or constructed in accordance with the relevant functional standards and guidance in the Scottish Building Standards Agency’s Technical Handbook.

This exemption applies to new buildings and, since 1 May 2004, to existing non-domestic buildings that are undergoing a material alteration, a material change of use or are being extended.

Download the Approved Document M on access to and use of buildings from the Planning Portal website (PDF 1.94MB)- Opens in a new window.

This exemption does not apply to duties upon employers who still need to consider physical alterations as reasonable adjustments. See the page in this guide on how to improve access to and use of your facilities for disabled employees.

If your property was built before 1 October 1984, you may need to make significant alterations or adjustments to allow disabled people to access and use your premises.

In order to meet your duty to make reasonable adjustments you may need to alter your premises even if you rent them. This may mean you need permission from your landlord. Even if your landlord will not give permission for alterations, you still have a duty to consider providing your service by a reasonable alternative means. See the page in this guide on how to make significant changes to premises you rent.

Before you make any significant alterations or changes to your property, you should check whether or not you require planning permission or building regulations approval. See our guides: an overview of the planning system and building regulations – an overview.

You can find out about applying for planning permission in your local area on the Planning Portal website- Opens in a new window or by contacting your local authority.

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Make significant changes to premises you rent

If you rent your premises, you usually need to get consent from your landlord before you make any significant alterations to enable disabled people to access and use your premises.

You must request consent for any alterations to accommodate disabled people even if the terms of your lease state that no alterations to the property are allowed. The Equality Act 2010 allows the terms of the lease to be read so as to entitle you to make the alteration with the consent of your landlord.

Procedure for requesting consent from your landlord

You should make a written application for consent from your landlord to make alterations to your premises to allow disabled people to access and use your premises.

You should also include all plans and specifications with your applications so as to avoid any possible delays.

Once your landlord has received your application he or she has 42 days to respond.

Your landlord should not unreasonably withhold consent. But they may set certain conditions that you should carry out before you make any alterations. These include:

• gaining planning permission from your local authority
• carrying out alterations in accordance with plans and specification
• allowing the landlord to inspect the works
• reimbursing, within reason, any costs the landlord may have incurred in giving consent

If your landlord does not respond to your request within 42 days, you can assume that he or she has withheld consent. You should then refer the matter to the county court.

Similarly if your landlord refuses to give you consent, or sets other conditions, again, you should refer the matter to the county court. The court will decide whether the landlord is reasonable in refusing consent.

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CASE STUDY

Here’s how ensuring accessibility for staff and customers has helped our business

When Adam Thomas had a serious road accident his employer, Richard Smithies of Design Matters, worked hard to ensure he could return to work and continue to contribute to its growth. Now the business is fully accessible and has built a strong position as designer and supplier of both standard and specially designed accessible kitchens. Adam explains what they did and how they did it.

What we did

Consider the physical aspects of accessibility

“When I had the road accident, I was in hospital for six months. Throughout that time, my boss Richard was continually thinking about how he could help get me back to work. The premises at the time were fairly inaccessible. There were steps throughout the showroom, for example. Before I returned, he had ensured there was level access from the street, ramps for the steps, locks at eye-level for wheelchair users and accessible toilet facilities. He had also reworked the back office so I would be able to get to my desk easily in my wheelchair.”

Change our working practices

“While I was in hospital, Richard was keeping me up to date with everything going on in the business. I was always stronger on the creative and technical drawing sides of the business, so he adapted a drawing board and kept bringing in designs for me to work on. Richard said he would do all the onsite work and I would concentrate on the technical and creative sides. It was just playing to our strengths really and it’s worked really well ever since.”

Made the most of our accessibility

“Richard felt making the business and premises accessible for disabled people was the best thing to do for the long-term – and he’s been proven right. Since the Disability Discrimination Act came into force, disabled people have increasingly had more confidence to demand their rights.

“Since returning to work, we’ve grown the business in two ways. Firstly the core business has grown because the changes Richard has made allowed me to continue to contribute and play a full role. And secondly we’ve been able to expand and make the design and installation of accessible kitchens a huge unique selling point.”

What we’d do differently

Think about accessibility before taking on premises

“We would have ensured our first premises were accessible from the start. As the business has grown we have moved to a larger showroom which allowed us to find a building that needed minimal modifications.”

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