"Disability" and shopping

James_N

Is asthma covered as a disability when shopping?
We visited a branch of the Halifax, who had chosen to pump melon perfume into the air in the branch. it affected me adversely to the extent I felt unwell.
On complaining officially I was told that the perfume had been included as a part of the branch "improvements" (so look out for a stink coming to your branch) and that at the branch staff could not override this.
There was no other reason offered for rejecting this, but an offer was made to take it to the ombudsman. I think the ombudsman won't be interested in non-financial problems, so this is a red-herring.
Clearly, a shop selling candles, soaps, perfumes etc cannot avoid smells. I call them "smelly shops" and don't go in. But a so-called bank like the Halifax has no reason to introduce pongs.
Is there any further route to complain. or is this area unprotected by legislation?

pinkshoes

Go bank elsewhere?

Take a gas mask to the bank?

Lomast

Asthma is an illness not a disability

JJ_Egan

James_N wrote: »

Is asthma covered as a disability when shopping?


Is there any further route to complain. or is this area unprotected by legislation?

Write to head office .
Complain directly to the minister for smells .


Asthma smells as triggers yes many many in the home / legislation to prevent cold air in the winter / snowflakes ??

davidmcn

The relevant definition of "disability" is in section 6 of the Equality Act i.e. a physical or mental impairment which has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities.

I doubt asthma cuts it unless particularly severe. Even if it did, what reasonable adjustment would you consider they could make? Perhaps allow you make an appointment prior to which they turn off the smells?

shaun_from_Africa

Lomast wrote: »

Asthma is an illness not a disability

Government notes on the Equality act 2010.

What is a disability?

Disability has a broad meaning. It is defined as a
physical or mental impairment that has a substantial
and long-term adverse effect on the ability to
carry out normal day-to-day activities.‘Substantial’
means more than minor or trivial. ‘Impairment’
covers, for example, long-term medical conditions
such as asthma and diabetes, and fluctuating or
progressive conditions such as rheumatoid arthritis
or motor neurone disease

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/85011/disability.pdf

Without knowing how severe the OP's asthma is, it is incorrect simply state that it's not a disability.

James_N

davidmcn wrote: »

The relevant definition of "disability" is in section 6 of the Equality Act i.e. a physical or mental impairment which has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities.

I doubt asthma cuts it unless particularly severe. Even if it did, what reasonable adjustment would you consider they could make? Perhaps allow you make an appointment prior to which they turn off the smells?

The whole point is that I would not expect to need to avoid introduced chemical smells when visiting a bank. I don't think anyone needs to have to put up with this.
Yes, I too doubt if sensitivity to smells, however severe, is a protected characteristic. The only reasonable adjustment is to do business elsewhere.

unforeseen

But it is not substantial as pointed out in post #7

Blackpool_Saver

Ignore the unkind comments, I have the same problems with those air fresheners that send out the occasional puffs of fragrance such as in toilets etc. I agree with you, they shouldn't do it, there is no need.
Unless you have these conditions/allergic asthma etc you cannot possibly understand how debilitating it can be.

bris

James_N wrote: »

The whole point is that I would not expect to need to avoid introduced chemical smells when visiting a bank. I don't think anyone needs to have to put up with this.
Yes, I too doubt if sensitivity to smells, however severe, is a protected characteristic. The only reasonable adjustment is to do business elsewhere.

So you going to petition for every public space to ban any kind of smells? Good luck with that.


Is this another windup? It has to be.

SnowTiger

James_N wrote: »

Is asthma covered as a disability when shopping?

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/570382/Equality_Act_2010-disability_definition.pdf:

A1. The Act defines a disabled person as a person with a disability. A person has a disability for the purposes of the Act if he or she has a physical or mental impairment and the impairment has a substantial and long-term adverse effect on his or her ability to carry out normal day-to-day activities

Does that describe you?

I think 'substantial and long-term adverse effect' means more than taking an extra puff from your blue inhaler from time to time.