18 Rights for Disabled People
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2. When discrimination can happen
4. What counts as a disability
5. When discrimination is allowed
7. Discrimination when buying and using goods and services
8. Discrimination by public authorities
9. Discrimination by private clubs and associations
There are special rules for private clubs and associations that have 25 or more members. A private club is defined as one with a constitution that regulates admission to membership so that it is not open to all members of the public. Most sports clubs and gyms are not covered by the special rules, but are covered by the law relating to service providers. A club where members must go through a selection process (a golf club, for example) would be covered by the special rules.
The special rules may also apply if the club or association is a trade organisation (such as a trade union or professional organisation).
The rules for private clubs and associations make it against the law for them to discriminate against disabled people who are members, associates or guests, or who apply for membership. It is against the law for private clubs to discriminate by, for example:
- refusing you membership;
- offering you membership on different terms;
- refusing to allow you access to facilities offered to others in a similar situation; or
- restricting your access to those facilities.
To comply with the law, private clubs may have to:
- change rules that make it impossible or unreasonably difficult for you to be a member. For example, a club may have to change a rule that applications for membership must be in writing;
- provide equipment so you can use the club’s facilities;
- make changes to club premises so you can access them.
Private clubs are allowed to treat you less favourably for the reasons explained in ‘When discrimination is allowed’. Also, a club does not have to make adjustments:
- to a member’s home, even if the club holds its meetings there; or
- which would alter the basic nature of its facilities or the nature of the association.
Clubs may also charge you more to cover the cost of providing you with a particular bespoke (personal) service or facility that other people don’t receive.
For further information on this, see the code of practice available from the Equality and Human Rights Commission (see ‘Further help’).
10. Discrimination when buying or renting a property
11. Discrimination at school or college
12. What you can do about discrimination
13. Going to an employment tribunal (ET)
15. Going to a special educational needs and disability tribunal (Sendist)
This leaflet is published by the Legal Services Commission (LSC). It was written in association with Andrew Short, a barrister at Outer Temple Chambers and specialist in discrimination law.
Leaflet Version: August 2008
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