Disability Laws and Work/Private Clubs - adjustments?

skylight

I occassionally do some stuff for my ex-boss, like research and stuff, and he has come up with one that I do not know the answer to! (Shock Horror! :eek: ) I am not sure if this is the right board, but the poser is:


He has a private club which people purchase membership too and *if* they want too, they travel to Windsor to hear him at one of his seminars. The semianr is free once you have paid for membership.

An issue has arisen that a person has purchased membership to the club is a disabled gentleman and cannot get to Windsor or Slough train station (the stations do not have disabled access). The nearest stations are some miles away that have the facilities the person needs to alight from the trains and get off the platforms.

The person in question however, is adamant that it is my ex-bosses responsibilty to get him to the seminar from the station and he claims that the ex-boss has a legal requirement to make the neccessary adjustments or he is threatening to sue. (I hate people who want, want and make threats).

I have read the disability act (the new one) and to be honest I cannot really make head nor tail of it! I have come to the conclusion that it means that the train station (without access) is the company that needs to make the neccessary adjustments or you could make that mean the hotel the seminar is at perhaps - but surely it cannot be a companys fault that the train station does not have the correct access that he needs to get into a taxi?

My ex-boss makes no provisions for any other member of the club regardless of who they are, where they come from and he feels that to pay for the member to come via taxi from the station further away is actually discriminating against the able-bodied persons that do not have this paid for.

Ex-boss is not excluding him from the club in anyway, the seminar is open to all and sundry, but he does get a big bee in his bonnet when people try to tell him what to do!

I am a bit stumped as what to do next for him.

welshcakes

If I understand you correctly, the seminar is optional and most importantly, free of charge. Whether a member attends or not has no bearing on the quality and enjoyment of the membership. I have limited knowledge of the law in this area however it does not appear that your boss is liable to secure transport to and from the seminar from any members wishing to take up this *additional* event.

However, the angle from which this particular member is coming is that his decision to purchase membership was influenced by the offer of free attendance to a seminar and that it is discriminatory to offer a 'benefit' as part of an inducement to purchase a membership where the benefit is beyond reasonable accessibility to an individual with a disability.

On the face of it, this would seem a reasonable argument however unless within the promotional or membership paperwork, the seminar is specifically mentioned, it does not form part of the guaranteed membership package. If it was specifically stated as forming part of the membership, then the providers are still not legally liable to guarantee, pay for or arrange transport to and from the event unless this was also stated as part of the membership package.

Where the above is accurate, your boss is not liable for transportation as that is outside the remit of providing the seminar.

If I were your boss, I'd write a courteous yet firm letter setting out what the membership covers as standard. That way, he has acknowledged and responded in a fair and appropriate manner. If he thinks this problem member is going to take up a lot of time with continued complaints, perhaps he could end the letter by offering as a gesture of goodwill, a free CD of one of his seminars!

skylight

Welshcakes - you are an angel and a star. And I can only click the thanks once!

Zara33

Surely it is the train station who is at fault here not your ex-boss?
It is the railway who are denying this chap his rights, by not providing wheelchair access, it is the railway he should be threating to take to court etc.

What would happen if this chap wanted to go somewhere else rather than to the seminar for example?

That's certainly the way i read it, but then again i am no legal eagle either just my opinion.

jobbingmusician

There are THREE separate issues here, AFAIK. I don't have legal training, but am arguing from common sense.

1. Attendance at the seminar. If the seminar/club itself is structured in such a way as to discriminate against disabled people, then your boss might be guilty under the DDA. I suppose it is just arguable that because the venue is not work, there is indirect discrimination against disabled people because it is more difficult for them to travel, but I agree with previous posters that this is discrimination by transport companies rather than by your boss. Does this gentleman get the mobility component of DLA? Isn't the theory of DLA that it is supposed to cover (ha ha - Ok, contribute towards) the extra costs arising from the disability? And isn't this one of those times that has such extra costs?

2. Physical access to the seminar from the street. Again, it is just possible that the DRC might find against your boss if the hotel itself does not have adaptations for disabled people. You have not commented in your post on whether the hotel is actually accessible, and I would be surprised in this day and age if it is not!! Because most hotels HAVE taken on board their responsibilities, I would guess that if your boss has managed to find a non-conforming hotel he might be held partially liable for holding his seminars at such a venue.

3. The transport. I think the transport systems in this country are diabolical for those with mobility problems, but doubt very much that your boss would be found guilty of discrimination - the idea of providing a CD/DVD is an excellent one and would demonstrate that he was trying to make accommodation for disabled people, IMHO.....

Bossyboots

Has the gentleman in question asked the stations what assistance they can give him if he travels there? I am sure they must have something in place to help their disabled passengers.

molerat

jobbingmusician wrote:

I don't have legal training, but am arguing from common sense.

First mistake ....... quoting legal and common sense together ...... but I agree with your pov.

Is travel to the seminar provided for all ? (I believe not).
Is the venue accessible to the disabled ? (almost definately).

It is up to the railway company to make arrangements for the customer to travel from his nearest station (and I think "Can't be done " will land them in deep water).

afletch

The DDA hits a gray area where private clubs are concerned. Basically. If people buy their membership and are not “voted" (for want of a better word) on to the membership then the full weight of the DDA applies. Your ex boss' duty would be under part III of the DDA. This specifies that the premises should be accessible to and within the premises, which means from the boundary of the property.

Access to and within the station (boundary) is a matter for the railway company and the disabled person should be directing any threat towards them. The DRC has successfully helped other people in a similar situation where a railway company was ordered by the court to provide transport for a wheelchair user the disabled person's first port of call should be the Disability Rights Commission (DRC) you’re ex boss could also contact them to acquire the full legal answer.

Adrian

play2day

Transport is not covered by the DDA until 2020. Therefore unless the railway has set a precedent of providing assistance or alternitive transport they are not responsible for it.

The DDA looks at whether a person with disabilities is treated less favouravly than one without. If transport is not provided for all delegates then it is not discriminatory for it not to be provided for a person with disabilities.

The question you need to concern yourself with is:
If this gentleman or another person with a disability arrives at the venue is it then accessible for him? It is your employers responsibility is to ensure that an accessibility audit has taken place and measures put in place where reasonable to do so. Your local disability action group can help as can the council. Don't forget disability does not necessarily mean wheelchair!

skylight

Thanks for everyones responses! I had come to similar conclusions, but not quite so eloquently!

The hotel is indeed user friendly. Ex-boss ensures all members are catered for, from lunch menus including vegan and halal to reserving seats towards the front for the hard of hearing. He has been complimented by some members that they were not "shoved at the back out of the way" because a wheelchair or crutches were oversized and in the way.

He does ensure that all members are treated equally, no-one gets any favouritism!

I think that I will personally call the train station directly to check out their provisions for disabled persons and take it from there. With all the advice here I can come up with a good letter to send.

Luvly.cuppa.T

What an interesing debate!
Please keep us updated in all that you find- I am curious as to how it will turn out too with the ole chap!

I have often wondered about accesability in train stations, especially where my uni is. People are able to get off okay including those in wheelchairs and the mobility scooter things with the help of a guard using a ramp. However, if that same person wishes to travel back the other way then they have to cross a footbridge and I have not yet figured out how they can get across!

I will ask one of these days, as it really befuddles me in this day and age, especially when it is a station that is next to TWO universities (where disabled students do study).