Does your pharmacy comply with The Equality Act 2010?

How does the Act define ‘disabled’? A disability is defined as a physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities. An impairment is treated as long term if it has lasted (or is likely to last) at least 12 months.

Who is a ‘service provider’? The need to make adjustments to buildings affects service providers who provide services, goods or facilities to the public or a section of the public. This includes pharmacy premises.

The three requirements. The Act sets out three requirements as follows:

  1. Where something puts a disabled person at a substantial disadvantage, there is a duty to take reasonable steps to avoid the disadvantage.
  2. Where a physical feature of a property puts a disabled person at a substantial disadvantage, the Act imposes a duty to take reasonable steps to avoid the disadvantage.
  3. Where a disabled person would be at a substantial disadvantage without an auxiliary aid, the Act imposes a duty to take reasonable steps to provide auxiliary aids.

What is a ‘substantial disadvantage’? A substantial disadvantage is one that is more than minor or trivial and the comparison is with a non-disabled person. The pharmacist may either take reasonable steps to avoid the disadvantage or take reasonable steps to adopt a reasonable alternative method of providing the service.

  • The above is a general overview and you should seek specific legal advice for your individual concerns.

Asfa Javed is an associate in the real estate team at Charles Russell LLP, asfa.javed@charlesrussell.co.uk

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