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Discrimination Arising From Disability

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Hi I'm just wondering if anyone has ever been to County court with a service provider as they have gone against the Equality Act 2010. I'm just about to send 'letter before action'

 

Thanks

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Before sending an LBA to send them I would send an official letter asking for Reasonable Adjustments (i.e. Large Print) under the Equality Act

 

Have a look at this Equality Advisory & Support Service (EASS) link: http://www.equalityadvisoryservice.com/app/answers/list/kw/reasonable%20adjustments%20letter/search/1


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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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Hi thanks for reply,

it's not relating to anything from the past.

 

I was told to leave a service station with my Guide dog at the end of May as 'dogs are not allowed' the assistant said.

 

I explained he was a Guide dog and was told it didn't matter as her boss said 'no dogs.'

 

I contacted the MRH retail and they apologised but said it was a franchise and I'd need to contact owner.

They gave me an address and I send an official letter stating the Equality Act.

 

I got a reply but it wasn't satisfactory.

RNIB legal team have sent me info over.

 

However I've followed everything and he's not responding.

I have receipts of postage.

 

The last letter asked for confirmation of Disability awareness training for staff and future staff etc, covered by s.109 Equality Act.

Also asking to be compensated for injury to feelings.

 

I can show you letter if you'd like.

This has happened before there to me and I let it go but feel it's not acceptable the second time.

 

Thanks

Edited by dx100uk
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pers id go to the CEO on this

 

ceoemail.com

 

sz


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MRH retail have apologised and have agreed it’s wrong.

As it’s a franchise they have no liability.

 

They were really helpful, it is down to the man whose franchised it.

 

At the end of the day I think he’s hoping ignoring the letters I’ll go away.

I was just hoping someone in here may have actually put the Equality Act to the test!

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It could make a story for your local press.


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MRH retail have apologised and have agreed it’s wrong. As it’s a franchise they have no liability. They were really helpful, it is down to the man whose franchised it. At the end of the day I think he’s hoping ignoring the letters I’ll go away. I was just hoping someone in here may have actually put the Equality Act to the test!

 

 

I think a couple of our forum regulars could have comments for you, but this isn't a busy sub-forum and they aren't here every day. Please bear with us, I'm sure you'll have more comments. :)

 

 

 

HB


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I know I could put it in the press but it’s about what’s right not just publicity. Is there another forum this could maybe go in for advice please.

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Yes. The person who runs it is responsible for staff training/disputes etc.

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What outcome do you want from this? Change of policy? Compensation?

What have you asked for in your correspondence?

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RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Hi in the letter I have asked for proof of training for staff and future staff as s.109 in Equality Act.

 

S.M.

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I'm not sure that you're entitled to that information, and you're not likely to obtain it via court action. Under the Equality Act, you can ask for a declaration that discrimination has ocurred and/or damages - if you don't want either of those things, then legal action is not appropriate.

If you do want to issue proceedings, I can help you draft your letter before claim and the Particulars of Claim. I've never actually had to go to Court - not many companies will risk the publicity - and nor do I have any legal training, but I do have some personal experience in this area.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Hi I have left persons name blank for data protection. I've also had this information if RNIB legal team who gave me a template letter and these paragraphs are exceptable under the Equality Act. Does this clarify things any better?

 

I am sending this special delivery in the hope that you will respond. The recorded letters dated 15/6/2018 and the 3/7/2018 have not been signed for, also the one handed into the garage 12/7/2018 has not been answered.

 

I have sought advice from the RNIB Legal Right Service who have advised the following remedial actions:

 

1. Confirmation that you will arrange for Disability awareness training to take place for all existing (and future) staff - please also include the date by when this will be done. This is to ensure that all staff fully understand their legal obligations under the Equality Act. Currently there is a sign that allows Guide Dogs on the front door but staff are clearly not trained on or aware of the reasonable adjustment to this policy. As the owner, it is necessary that you carry out such steps to prevent discrimination like this from happening as you will be liable for the discriminatory actions of staff under s.109 of the Equality Act.

 

2. I also would like you to compensate me £300 for injury to feelings caused as a result of being told unlawfully to leave the shop by his staff member, in front of another member of the public. This was an extremely humiliating and upsetting experience for me at the time and continues to affect me.

 

I look forward to your response within 14 days. This is your final chance to sort this matter out as otherwise you give me no choice but to start court action.

 

Thanks

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bottom of Vento scale is £900 so a £300 settlement is very generous but I wonder if they know this?

Perhaps going back to MRH and getting them to put pressure on the franchisee is a route,

 

they cant say they wash their hands of the matter as they are responsible for making sure the franchise is conducted in a proper manner and I'm sure that would include obeying the law.

 

they wouldnt like the bad publicity regardless of what the local outlet thinks so a lot of leverage there if you do decide to use the courts.

name both parties as defendants and let them explain why they arent.

For example, the big double glazing co's franchise a lot of their operations but they are still liable for everything that goes wrong

Edited by dx100uk
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MRH say it's down to the person running the franchise. He's not picked up the Letter Before Action from post office. Can I still proceed as he's not responding at all now. Also apparently this would be frowned on by the court. I also sent a letter subject access request under the provisions in Section 7 of the Data Protection Act. Please supply me with all data you hold about me. Please ensure this includes copies of all CCTV coverage taken of me whilst I was in (the store), and all emails between, to or from your staff. Please comply with the requirement to respond to my Subject Access Request “promptly and in any case within” the long-stop of 40 calendar days.

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sar is now 30 days and free

and is backed by the new GDPR


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Thanks. Can anyone advise please whether I can move forward even though letters are being ignored?

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If the proposed defendant hasn't collected letters from the post office, hand deliver (or get someone else to do it for you) one to the business, take a photograph of it being handed over - it doesn't matter if it's the franchisee or a member of staff. Alternatively, if they have a letter box, take a photo of you posting the letter through it.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Hi we hand delivered one earlier on but nothing from that. We can send copies of letters sent and proof of receipts with court form. Also this can be used as one of the reasons of taking it to court. Apparently it won’t look good that the defendant is not responding.

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Could you tell me what the bottom of bento svale is please? So are you saying £300 isn't possible?

 

In Purves vs Joydisc (2003), https://www.scotcourts.gov.uk/search-judgments/judgment?id=dd9287a6-8980-69d2-b500-ff0000d74aa7 , the judge said:

 

"I would therefore hold that the sum of £750 is the least that may nowadays be awarded for the very slightest injury to feelings, deserving of damages, which is caused by discrimination on the ground of disability."

 

Inflated since 2003, that makes approximately £1,200.00. I wouldn't accept damages less than that, though obviously up to you. Also judicial guidance on the Vento guidelines said that cases for "less serious cases" (including one-off incidents of discrimination) should attract between £800-£8,400. The guidelines are in PDF format only and are here: https://www.judiciary.uk/wp-content/uploads/2015/03/vento-bands-presidential-guidance-20170905.pdf I know they talk about Employment discrimination, but the Vento guidelines are also used for Services discrimination.

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