Discrimination in services, public functions and education

Most discrimination advice assumes you have an employer. The Equality Act is considerably wider than that, and the parts outside employment are where people most often find there is nobody to ask.

Where the Act applies outside work

Goods and services. Anyone providing services to the public — shops, restaurants, hotels, banks, insurers, gyms, transport, professional services, online platforms. Refusing service, providing a worse service, or imposing terms that disadvantage people with a protected characteristic.

Public functions. Local authorities, the NHS, police, immigration and licensing authorities, prisons, and other bodies exercising public functions — in respect of functions that are not services. Public bodies are also subject to the public sector equality duty, which requires them to have due regard to the need to eliminate discrimination and advance equality of opportunity.

Education. Schools, colleges and universities: admissions, the education provided, access to benefits and facilities, exclusions and disciplinary processes.

Premises. Disposal and management of premises — letting, selling, and how landlords and managers treat occupiers.

Associations. Clubs and associations with 25 or more members and a selective membership process.

The differences that matter in practice

Four, and each of them catches people out:

A different court. These claims go to the county court, not the employment tribunal. Different procedure, different costs rules — and, importantly, the losing party can be ordered to pay the other side’s costs, which is not generally the position in the tribunal. That changes the risk calculation and it needs to be understood at the outset.

A different time limit. Generally six months from the act complained of, rather than the employment three. Longer, but do not rely on it — the court’s discretion to extend is not a backstop.

The reasonable adjustments duty is anticipatory. This is the big one, and it is quite different from employment. A service provider must not wait to be asked. The duty is owed to disabled people at large, and requires thinking in advance about what barriers exist and removing them. A service that has never considered accessibility is already in breach before any individual complains.

No Acas conciliation. The employment route does not apply, though pre-action correspondence is still expected and is often where these matters resolve.

What these claims look like

A wheelchair user unable to access a restaurant with no step-free entrance and no alternative. A blind customer refused entry with a guide dog. A disabled passenger left without assistance that was booked. An insurer pricing on a basis that disadvantages a protected group without justification. A university refusing adjustments in assessments. A student excluded in circumstances connected with autism or ADHD. A landlord refusing to allow a reasonable adjustment to a property. A public body operating a policy with a disparate impact that it has never assessed.

What can be achieved

Damages, including for injury to feelings on the same Vento basis as employment claims — £1,300 to £12,600 (lower), £12,600 to £37,700 (middle), £37,700 to £62,900 (upper).

A declaration that unlawful discrimination occurred.

An injunction or recommendation requiring the provider to change what it does — which is frequently what the client actually wants. Most people bringing these claims want the barrier removed more than they want the money.

Why almost nobody advises on this

Honestly: because individual claims are often modest in value and sit in the county court, so they do not fit neatly into either an employment practice or a civil litigation practice.

We take them because they are part of the same specialism. A firm that understands the Equality Act should be able to advise on the whole of it, not only the employment quarter. And some of these matters are substantial — a systemic failure by a large provider, or a public body policy affecting many people, is not a small case.

Questions

Questions people ask us

How long do I have?

Generally six months from the act complained of, which is longer than the employment limit — but the court’s discretion to extend should not be relied on.

Which court?

The county court, not the employment tribunal. Note that costs generally follow the event there, so the losing party may be ordered to pay the other side’s costs. We will explain what that means for your matter before anything is issued.

The shop says it cannot afford to install a ramp. Is that a defence?

Cost is one factor in whether an adjustment is reasonable, alongside the provider’s size and resources and whether there is a less costly alternative. It is not a complete answer, and the duty is anticipatory — the provider should have considered it before you arrived.

Can I bring a claim against a public body?

Yes, in respect of public functions. Depending on the facts, judicial review may be the better route, or may run alongside. That is a judgment to make early because the time limits for judicial review are much shorter.

My child has been excluded from school. Is that discrimination?

It can be, where the behaviour leading to exclusion arises from a disability such as autism or ADHD and reasonable adjustments were not made. Disability discrimination claims about schools go to the First-tier Tribunal rather than the county court — a different route again, and worth getting right.

I want them to change what they do, not compensation. Is that possible?

Often the more achievable outcome. Courts can make declarations and recommendations, and many providers change their practice once a claim is properly formulated.

The hub

Equality Act 2010 →

Also in this area

Race discrimination at work →

Also in this area

Disability discrimination and reasonable adjustments →

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