If you are reading this article in your travel agency, stop for a moment and have a look around you…now imagine you are wheelchair bound or you suffer from some other disability and look again.
If you think the agency is accessible and that as much thought as possible has gone into anticipating the needs of disabled customers, then you will have nothing to fear from new legislation which came into force at the start of this month.
If, on the other hand, your agency appears to be something of an obstacle course and up to now you have given no thought to the requirements of disabled people, then take note.
Since October 1, under Part III of the Disability Discrimination Act 1995, all service providers must, by law, make reasonable adjustments to the way they operate their business so that the service is accessible to disabled people.
In effect, the new law gives some teeth to the first part of the Disability Discrimination Act 1995 which came into effect in December 1996. That made it unlawful for service providers to treat disabled people less favourably than other people for a reason related to their disability.
However, no positive steps were required of companies to ensure they offered equal treatment to all.
That has all changed, and from now on, a company could easily find itself hauled into court charged with a breach of the act if it can be proved that the company hasn’t done anything to ensure they are not discriminating against disabled people.
That could mean that a small travel agency will face a claim of discrimination if it is found they do not provide a ramp for wheelchair users or if there is no information literature in Braille or on tape for blind customers.
It does not matter how small your business is if you provide a service to the public, your business is covered by the act. One of the few exempted categories is where the service consists of the use of any means of transport.
Undoubtedly, the final phase of the act which comes into force in 2004 presents the greatest challenge because then service providers will be legally required to make reasonable adjustments to the physical features of their premises to overcome physical barriers to access.
But that does not mean that the high-street agent who currently does not have a ramp at the entrance of her shop can heave a sigh of relief and shelve the idea of making the agency accessible for a few more years.
Though there is no legal requirement to make physical changes to the fabric of the building as yet, a court may find it is unreasonable not to have a temporary ramp in place at this point.
The problem of access is something which Butlins is currently dealing with at its new-style Skyline Pavilions.
Disabled guests found the manual doors too heavy to open, so they will be converted to an automatic mechanism.
Pontin’s is also in the throes of making changes to its centres following an 18-month audit of all its parks undertaken by students from the University of Bath.
Obviously, the legislation is not designed to bankrupt any businesses which cannot afford to invest in sophisticated equipment designed specifically for disabled customers. But if a case comes before a court, the test will be one of reasonableness and it is clear that a court will look very unfavourably at any business which has made no effort to comply with the legislation.
The Department for Education and Employment has produced a booklet which is designed to guide small and medium-sized businesses through the act.
It is essential reading as it gives advice on the sort of incidents which constitute discrimination, gives a definition for what less favourable treatment means, and details exactly what is required to comply with the new legislation. Advice is also available on a special Disability Discrimination Act helpline 0345 622 633.