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Posted 15 November 2013
by Paul Kelly

The Equality Act 2010

Under the Equality Act 2010, “the Act” all providers of services and accommodation have a duty to not discriminate against a disabled person.

A person will be considered to have a disability under the Act if they have a physical or mental impairment which has a substantial and long-term effect on their ability to carry out normal day-to-day activities. This is a wide definition which in addition to physical impairments can include sensory impairments, learning disabilities and progressive illnesses.

Discrimination will occur where a disabled person is treated less favourably than someone else for a reason relating to the person’s disability and the treatment cannot be justified. A park operator therefore needs to ensure that all disabled customers are treated in the same way as they treat other members of the public.

Discrimination can also occur where a park operator fails to make reasonable adjustments (changes) to help a disabled person access their services or accommodation and cannot show that failure to comply is justified. A Code of Practice has been issued which contains useful guidance on the changes which might be considered.

When considering any adjustment, park operators should keep a record of their decision and the reasons for it as this might help if a question or claim ever arises. They should not charge disabled customers for any change they make but may include the costs as part of the overheads of the business when they review charges generally.

If you have any questions relating to the Equality Act 2010 and how it may impact on the operation of the park then contact the parks team on telephone 01392 207020 or by email parks@tozers.co.uk

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About the author

Paul Kelly

Partner

Paul is the managing partner of the firm