Discrimination in goods and services

The Equality Act 2010 makes it unlawful to discriminate against someone based on a protected characteristic. These characteristics are:

Age, Disability, Gender reassignment, Marriage and civil partnership, Pregnancy and maternity, Race, Religion or belief, Sex and Sexual orientation.

Examples of discrimination in goods and services

Refusal of Service – A restaurant refuses to serve someone with cerebral palsy or a furniture store refuses entry to a child in a mobility buggy due to a “no prams” policy.

Unequal Treatment – Charging different prices based on race or religion or providing inferior service to someone due to a protected characteristic.

Harassment – A landlord makes unwelcome sexual advances toward a tenant.

Disability discrimination in benefits

Public services must make reasonable adjustments to ensure disabled people are not unfairly disadvantaged.

Examples of disability discrimination in benefits

– A benefits claimant is sanctioned because their disability makes it harder for them to meet work-related requirements.

– A work coach makes discriminatory remarks about people with mental health conditions.

If a public service does not make necessary adjustments, this could be unlawful discrimination.

Potential discrimination in housing.

Landlords and housing providers must not discriminate against tenants or prospective tenants based on a protected characteristic. They must also make reasonable adjustments to ensure disabled people are not unfairly disadvantaged.

Examples of disability discrimination in housing

– A landlord refuses to allow a guide dog, citing a ‘no pets’ policy, even though assistance dogs are legally exempt from such rules.

– You’re not allowed to leave anything in the hallways of your flat, but you need to park your mobility scooter in your hall.

If a landlord or housing provider fails to make reasonable adjustments, this could be unlawful discrimination.

Annie uses a motorised mobility scooter. She parks it in her hallway because she doesn’t want to leave it outside in case it’s stolen. Annie’s tenancy agreement says ‘Tenants are not allowed to leave any items in the hallways, corridors or in any other place that could block the fire escape route’. Annie's landlord spotted the scooter when he did an inspection. He wrote to her asking her to move it and said she’s breaking her tenancy agreement. He warned her she’s blocking the escape route so he might have to evict her. The term in Annie’s tenancy agreement is a ‘provision, criterion or practice’. It also applies to other tenants who have the same landlord as Annie. It affects Annie worse than other tenants. It also affects or would affect any other disabled people living in the building with mobility aids worse than other tenants. Annie could complain that this is indirect discrimination against her. Annie's landlord might try to justify their actions if they think they have a good reason for it.

Annie’s Story

Get in touch

For free advice on discrimination in goods and services, email us at [email protected] or call 0800 702 2020

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