Rules & Regulations

Discrimination: Customers

This is part of the Discrimination topic.

Also in this topic:

• Discrimination
• Employment
• Customers

Fairness, equality and access for everyone

In the same way that it is unlawful to discriminate against staff or potential employees, so it is unlawful to prevent customers from patronising your business on the grounds of their disability, race, gender, religion or belief or sexual orientation. This applies however you provide your services: face-to-face, by telephone or online, and it makes no difference whether the services must be paid for or are provided free of charge. Some elements of equality legislation do not apply to private members' clubs, where members are elected through proposal by another member and acceptance by the group. There is currently no legislation outlawing discrimination on the grounds of age in the area of goods and services.

This means that you must treat all customers equally. You cannot: refuse service, charge more, offer different terms or provide a lower quality of service on the grounds of someone's disability, race, gender, sexual orientation, religion or belief. Nor can you pass on the cost of making adjustments to any one customer group.

Direct and indirect discrimination

The law doesn't make any distinction between direct discrimination - where you deliberately or knowingly discriminate - and indirect discrimination, where in practice it becomes impossible or acutely uncomfortable for some people to buy goods or use your services because of the way you do business, or because you fail to do some things, whether knowingly or not. Effectively the law requires you to actively think about all groups of customers, consider their needs and ensure you are meeting or are able to meet them, if required. This may mean making thoughtful changes to how and where you do business, in order not to discriminate against someone - staff or customers (or suppliers) - on any grounds.

Disability discrimination

The Disability Discrimination Act is particularly clear: it requires you by law to make reasonable adjustments to your premises and working practices so that customers with disabilities can browse and buy from you, whether that's at your premises, online or over the phone. To do this successfully you need to understand what is meant by a disability, the needs of disabled customers and what the issues are in making reasonable adjustments.

Exceptions

There are some circumstances and occasions when it is lawful to discriminate or when it is lawful to fail to provide an adjustment that could benefit a particular customer or group of people, or when it is unavoidable to offer a lower quality of service to certain users. These two examples are taken from the Equality and Human Rights Commission website:

More information and guidance

Across the range of discrimination issues there are some very good sources of information:

www.equalityhumanrights.com
The website for the Equality and Human Rights Commission. This non-departmental body (accountable for its public funds but independent of government) replaces the Equal Opportunities Commission, the Commission for Racial Equality, and the Disability Rights Commission. The website is an excellent resource full of very readable information and clear guidance for businesses and individuals.

www.businesslink.gov.uk As ever, Business Link provides a really good access point for all issues relating to business.

www.direct.gov.uk Another very good website for businesses and consumers, providing straightforward advice and direct access to information about government and law.

Also in this topic:

• Discrimination
• Employment