With most regulations, an offer of exemption can easily encourage temptation.
The provision which can allow exemption from certain access requirements within the Equality Act 2010 is one example, but the strings which are attached can still trip you up.
The terms of the exemption do not amount to a get-out-of-jail-free card, they do not absolve a business from the responsibility of taking reasonable steps to meet the needs of disabled customers and they will not automatically give protection against a claim of discrimination.
To help businesses understand the relevant sections of the Equality Act and other requirements, About Access offer briefings and workshops. We outline the risks and responsibilities, but we also demonstrate the opportunities which arise from ensuring your business is accessible to a potentially lucrative market.
Recognising that small firms of property professionals might balk at the cost of bringing in an access consultant to brief them on general issues around ensuring buildings are accessible, we encourage them to partner with other firms who might work in different disciplines but who share the benefits of getting it right and the risks of getting things wrong.
Many professionals working in property will be able to tell you that the Equality Act allows for a 10-year exemption from removing or altering a physical feature which puts a disabled person at a substantial disadvantage when compared to a non-disabled person.
The business would need to show that it is not reasonable for the changes to be made, maybe because of cost or because alterations would not make a significant difference.
Alternatively you would need to show that the design complied with the objectives, design considerations and provisions set out in the edition of Approved Document M at the time the building works were carried out – but this will only apply for 10 years from the date of completion of the work.
But regardless of which route to exemption you might be tempted to take, you may still be vulnerable to claims of discrimination if you fail to consider the needs of disabled people and help them overcome any restrictions imposed by the design of your building. You need to think outside the box or, more specifically, outside the scope of Approved Document M.
It is important to understand the requirements of the Equality Act of not putting a disabled person at a disadvantage, and there is a code of practice. If you can’t remove or alter the feature, can you avoid it or can you provide your service in another way? Your exemption does not extend to these duties.
An example might be the installation of an internal door with a recommended clear width of 800mm, presenting a problem for a wheelchair user who has a large, powered chair and can’t pass through the door.
The service provider might be tempted to claim exemption from altering the physical feature but they also need to think how they are going to provide the same level of service by another means. They need to think about the flexibility of their service. Much will depend on the nature of the service but can they provide it from an alternative, accessible location or maybe online?
Business owners are not necessarily expected to be aware of that section of the law – why should a high street independent clothes retailer know about the Equality Act and design features? But they will be expected to engage someone who does.
The first call would probably be to an architect. They might not be aware of the details either but they should understand the possible risks to the business and they should not be afraid to ask for help.
In the same way that architects bring in specialists in other fields, whether it be construction design and management, mechanical and electrical engineering, lighting or acoustics they should also seek expert advice on access.
Ultimately the responsibility lies with businesses and service providers who need to identify where there are potential barriers to access for disabled people, and to then bring in the right sort of help to solve those problems. The benefits could not be more straightforward – avoid leaving yourself vulnerable to a claim, and encourage disabled people to consider themselves your customer.
At About Access, we provide services concerned with accessibility for disabled people.
Our aim is to help organisations avoid costly and damaging conflict by ensuring that their premises are accessible. We also work to make sure staff are properly trained, and that they recognise disabled people – including customers and colleagues – as individuals whose requirements and treatment are key to the wellbeing of a business.
Managing Director Ian Streets is a member of the National Register of Access Consultants, the Access Association and Network Rail’s Built Environment Access Panel (BEAP) and as such works with BSI Standards, the UK’s national standards body, to advise on appropriate designs for buildings and their surrounding areas.
If you want to know more, or you have a question or concern, please contact us at info@aboutaccess.co.uk
