Hospitality discrimination claims - the law
The Equality Act 2010 protects individuals against discrimination by businesses and other organisations that provide goods or services, including pubs, bars, cafes and restaurants based on one or of the ‘protected characteristics’, disability, race, religion and belief being just a few of them.
The most common cause for complaint of discrimination in the hospitality sector are claims of disability discrimination.
The law states that a person is ‘disabled’ if they have a physical or mental impairment, which has a substantial and long-term adverse effect on their ability to carry out daily activities. Some disabilities may be outwardly visible such as where a person uses a wheelchair or other mobility aids however there are a wide range of disabilities that are not necessarily visible to others. Such ‘hidden disabilities’ include autism, mental health conditions, acquired/traumatic brain injury, sensory processing impairments, multiple sclerosis, epilepsy, partial sight and hearing loss.
All kinds of disabilities can pose potential challenges to service users/customers, from simple issues such as access and facilities for those who are mobility impaired, to more complex problems such as low light and high noise levels for those with sensory related conditions.
Discrimination claim example
The case of Hosegood v Khalid (t/a Salt & Pepper Village) outlines that service providers need to be very careful about the assumptions that they make about how a disabled person might be affected by a particular situation. In this case, the claimant was a wheelchair user who also suffered from spondylosis and stomach cancer. He decided to visit a local restaurant, who had assured him that they had wheelchair access to the restaurant however when they arrived, they found that there was a step up into the restaurant. Upon seeing him struggle to gain access to the premises, the restaurant staff insisted on wheeling the claimant up the steps which he found humiliating and as a result, he experienced distress and did not feel that he could stay for his reservation. Although the restaurant staff offered to physically help the customer into the restaurant, the court accepted that it would have been undignified for the customer to be required to accept the help of restaurant staff to negotiate the step into the restaurant. Despite this having been a ‘one-off’ incident, the judge awarded the customer financial damages of £3,000 and a further award of £500 for aggravated damages because the restaurant had been deemed to have behaved in an insulting and abusive way towards the claimant.