Q When does discrimination against a disabled person occur?


A There are two types of unlawful discrimination against a person with a disability:



  • Treating that person less favourably than you would have treated a non-disabled person;



  • Failing to make reasonable adjustments to your policies, procedures or premises so as to enable the disabled person to be employed by you, or obtain services or products from you.







    • Q What is meant by less favourable treatment?



    A There are several ways in which you might be treating a disabled person less favourably. If you are an employer, this might be by:



  • Not recruiting that person on account of the disability;



  • Offering that person less favourable terms;



  • Not making provision within the firm to accommodate that person's disability;



    • If you are a service provider, by:


  • Refusing to provide the person with a service;



  • Providing a lower standard of service;



  • Providing the service on less favourable terms or at a higher price.




    • Q Does the disabled person have to show that others have actually been treated more favourably?



    A No, it is sufficient if the disabled person can show that others would have been treated more favourably.



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    • Question of ethics is compiled by the Law Society's professional ethics guidance team. Send questions for publication to Austin O'Malley, the Law Society, Ipsley Court, Berrington Close, Redditch B98 0TD; DX 19114 Redditch