ARTICLE BY: Adam Robins
Many people are now familiar with the Equality Act and the protection it offers against, in particular, discrimination and harassment in the workplace. However, what often seems to be overlooked is the protection afforded by the Equality Act in other areas.
Although a large focus of the Act is on employee protection, it also provides protection from discrimination, harassment and victimisation in relation to the provision of services, as well as school pupils and the management and disposal of premises.
This means that if, for example, you are a customer in a shop, you have a right not to be discriminated against, harassed or victimised, or if you do receive such treatment, you have the right to bring a civil claim against that shop.
Although there have been a few high profile cases involving civil discrimination, the Equality Act often seems to be overlooked in this regard, however an ongoing claim has again brought this to attention:
Paul Houghton, whose right leg was amputated in 2000, is currently bringing a claim against Brentwood Council in Essex, for discrimination.
Mr Houghton has represented England 13 times at disability golf, and although he is able to walk with a prosthetic limb or crutches, requires a golf buggy to play an 18-hole course.
In 2016, Mr Houghton went to play a round of golf at Hartswood Golf Course in Essex, which is owned by Brentwood Council. Unfortunately, when he arrived to play, he was told by Hartswood that he would not be allowed on the course without a letter from his doctor justifying his need for a buggy on medical grounds.
Mr Houghton claims that in operating a practice that prevented him from accessing the course because of his disability, Brentwood Council discriminated against him indirectly, in breach of the Equality Act 2010. The claim is currently ongoing and Brentwood Council deny any discrimination.
Our Litigation Team often receive enquiries relating to instances of discrimination and harassment in a civil context and is currently helping several clients to bring successful claims under the Equality Act.
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