Part 3 of the Equality Act prohibits certain conduct and places duties on those providing goods, facilities or services to the public (‘service providers’).  Click on each of the headings below to find out more.

What does the Equality Act require service providers to do?

Service providers must not discriminate against or harass a person because of a protected characteristic, such as disability, or victimise someone when providing services.

It is also unlawful  to discriminate against, harass or victimise a person when exercising a public function which does not involve the provision of a service, such as Government and local authority public consultation exercises, planning permission decisions and the provision of public highways.

In addition, service providers have a duty to make 'reasonable adjustments' to allow disabled people to access their services, where disabled service users are at a 'substantial disadvantage'. The duty under Part 3 is an anticipatory one – this means that service providers must assume that any disabled person might want to use their service, and must therefore be prepared to make reasonable adjustments where necessary.

How can service providers meet their duties?

Service providers have a duty to make ‘reasonable adjustments’ in three main areas:

• provisions, criteria and practices
• overcoming barriers created by physical features of premises
• the provision of auxiliary aids and services

These are all explained in further detail below. 

Service providers must not pass on the cost of making reasonable adjustments to their customers. They cannot justify failing to provide a reasonable adjustment; the only question is whether the adjustment is a reasonable one to make.

With regards to the first and third requirement, the Equality Act makes it clear that providing information in accessible formats is almost aways a reasonable adjustment.

What is ‘reasonable’?

The Equality Act states that service providers must make reasonable adjustments to ensure that disabled service users are not put at a substantial disadvantage when accessing goods, facilities and services.

What is ‘reasonable’ can only determined by the courts.  However, while the Equality Act guidance has yet to stipulate what may be considered 'reasonable', the Code of Practice for services under the Disability Discrimination Act (DDA) set out the following points to consider:

• the effectiveness of the adjustment
• the practicality of making the adjustment
• the financial cost of the adjustment
• the extent of disruption
• the financial and other resources of the service provider
• the amount of resources already spent
• the availability of financial and other assistance

Therefore what is deemed reasonable for one service provider may not necessarily be reasonable for another.

Note that a service provider would not be required to make a reasonable adjustment that would fundamentally alter the nature of the service that is being provided. For example, it is likely to be unreasonable to have to raise the lighting levels for a visually impaired person in the main area of a nightclub.

Altering provisions, criteria and practices

Service providers must alter provisions, criteria and practices if they put a disabled person at a substantial disadvantage when using a service.

For example, a restaurant may have a policy of not allowing dogs into their premises. They may decide to alter the policy to allow a blind person with a guide dog to access the restaurant and use their services.

Similarly, a shop might need to modify a policy permitting only one person at a time to enter a dressing room, if a disabled person needed and asked for an assistant to be allowed in to help them.

Altering physical features

The Equality Act does not require a service provider to adopt any particular way of meeting its obligations. However, the guidance to help explain the Act makes certain recommendations regarding how to deal with physical barriers that prevent a disabled person accessing a service.

Service providers should consider the following questions when considering how to avoid the disadvantage caused by a physical feature that is causing a barrier to a service:

• Can the feature be removed?
• Can the feature be altered?
• Can the feature be avoided?
• Can the service be offered in a reasonably alternative way?

These are laid out in order of preference – a service provider should always work from the top of the list when they consider changes.

An access audit will help service providers identify which whether physical features at their premises are potentially causing barriers to their services for disabled people. An access auditor will compare the existing situation against best practice guidance, and will make recommendations about the possible changes that could be made. Considering the results of the audit and acting on the recommendations will help the service provider remove barriers to access. They might also draw up an access plan, especially if there are recommended changes that they cannot afford at the time, but will be able to in the future. In doing this, they more likely to be meeting their duties under the Equality Act.

Providing auxiliary aids and services

Service providers have to provide auxiliary aids and services where this is reasonable, taking into account the size, resources and nature of the business.

Examples of such aids could include information on audiotape for visually impaired customers, and induction loops for people with hearing aids.

An example of an auxiliary service would be where a person needed extra assistance in using the service. This could involve providing an assistant to pack the bag of a person with severe arthritis at the checkout of a supermarket.

For further guidance on the duties on service providers under the Equality Act, refer to the guidance available from the Equality and Human Rights Commission.