Leisure and retail companies
The leisure and retail industry includes all manner of businesses providing services relating to recreational activities, entertainment, sports and tourism.
Leisure and retail businesses can include:
- Independent shops
- Department stores
- Travel companies
- Hotels
- Estate agencies
- Banks
- Leisure complexes
- Gyms
- Cinemas
- Restaurants
- Utility companies
- Theme parks
Claims can be brought by individuals who believe that they have been treated unfavourably by employees of or the policies of leisure and retail businesses, if it can be proven that such conduct was by reason of their protected status.
Businesses cannot refuse service or subject an individual to a poorer quality of service than others on the basis of their race, gender, perceived sexual orientation, perceived marital status, pregnancy, perceived transgender status, perceived religious beliefs or their disability.
Cases brought in the County Court relating to this type of conduct generally include claims for damages in compensation for such treatment.
If you believe that you have been the victim of such discrimination and would like to speak to a member of our team call us on 01616 966 229 or complete our online enquiry form without delay.
Public and private transport providers
Public and private transport providers can include:
- Train companies
- Public bus service providers
- Private transport companies
- Ferry companies
- Airlines
- Taxi Firms
Claims can be brought by individuals who believe that they have been treated unfavourably by employees of or the policies of these types of service provider, if it can be proven that such conduct was by reason of their protected status.
Transport providers cannot refuse service or subject an individual to a poorer quality of service than others on the basis of their race, gender, perceived sexual orientation, perceived marital status, pregnancy, perceived transgender status, perceived religious beliefs or their disability.
Common complaints against these types of service providers include issues relating to the quality of service provided to disabled customers.
Complaints can include failures to provide appropriate facilities for disabled customers to enable them to travel or even refusal of carriage because of their use of mobility aids.
These types of service providers are under a duty to make reasonable adjustments to their policies, practices and facilities to enable the enjoyment of their service for disabled customers. The test in is ‘reasonableness’ and so all of the circumstances of the case will be taken into account by a County Court when determining whether the service provider has failed in their duty.
If you believe that you have been the victim of such discrimination and would like to speak to a member of our team call us on 01616 966 229 or complete our online enquiry form without delay.
Recent case law
In the case of Paulley v First Group PLC the Court of Appeal held that the travel company’s policies indirectly discriminated against Mr Paulley because they did not provide for the enforcement of the use of the allocated wheelchair space for the disabled over other service users who were not disabled. In this case, Mr Paulley had been refused access to the bus service on the basis that a mother with a child sleeping in a pram were already occupying the space and had refused to vacate it.
For further detail please see: Landmark decision or partial victory? Paulley v First Group PLC