Disability Discrimination
In October 2004 the Disability Discrimination Act 1995 (DDA) became the law! If you provide any type of accommodation from B&B's, self-catering, hotel, camping barn to hostel or any type of venue where people pay to sleep you fall within the remit if the act.
The law requires disabled people (those who have long term mental and physical impairments which affect their ability to engage in normal day to day activities) are not disadvantaged by not being able to use the facilities and services you provide.
It also has a bearing on the people you employ in that you must not discriminate against candidates who have a disability but who are capable of doing the job you are offering. There is a minimum requirement for you to employ 15 people before the part of the act applies to you.
So you need to treat disabled guests the same as other guests UNLESS there is a reasonable justification for not doing so. The only grounds I can think of for doing this would be any health and safety issues. If any guests consider that you are treating them less favourably they can take action against you in the County Court.
Remember that the word 'disability' does not relate to just physical issues. Hearing impairment, blindness partial or full, mental health problems, those with progressively debilitating diseases such as multiple sclerosis, HIV and cancer are all covered by the act.
A couple of points in the act which I think are crucial to explain before moving on. You are only required to what is reasonable 'in all circumstances of the case'. Size is also a point for consideration, bear with me here.
Is it reasonable to ask a hotel group to have 10% of its bedrooms facilitated for the disabled? I think the answer is probably yes.
Is it reasonable for a small hotel or B&B up to 4/5 rooms to have 10% of its bedroom stock (yes I know that's only half a bedroom, it is the principle I am trying to establish) facilitated for the disabled? I think the answer is probably no
BUT
to be able to offer any type of defence you must at least be aware of the act and what it is trying to achieve. So ignorance is no defence. You should of course be working towards to the aims and objectives of the act and be thinking 'disabled' in every policy decision you make.
If you have not heard about this new law or more likely you have not done anything about it and you are a smaller operator, don't panic, there are some things you can do immediately which will evidence that you are thinking about the issue which will carry some weight if you get into any trouble.
If you need to buy yourself a little time may I suggest that you hold a formal meeting of your board of directors, partners, officers of your company, in other words the responsible body which controls your business, with just one agenda item, the DDA. There's is plenty of guidance out there on the act and what you might want to consider take a look at http://www.disability.gov.uk/dda/
for the most comprehensive information and other bodies more local to you will have produced some guidance as well.
When you hold your meeting state you are going to discuss the act and have that information recorded. Mention how the act applies to you and make a decision which again should be recorded that when next you make any alterations to your premises that you will examine all the issues of the work in the light of the act. You might like to also record that funding for major works is limited at this time and that when funds become available work will be carried out.
So what have you done by doing this? Well you have acknowledged the presence of the act, you evidenced that you understand some of what is required by the act in respect of your business and you have stated that you will endeavour to comply with whatever aspects of the act you can when circumstances allow. Whatever you do don't be panicked into making drastic changes to the physical attributes of your permises that you may not need to do.
The act is quite specific, it states that people with a disability should not be disadvantaged when using your services or facilities.
So let's think about that for a moment. If you could provide your service in a way that did not disadvantage the client and did not mean you had to re-engineer your whole premises would that not get you both where you need to be? I think so.
An example:
You have a bar which has one/two/three steps down to reach the counter where clients normally order their drinks. To put in a ramp to service disabled guests will be expensive and probably not physically possible. Why not put a call facility (bell) on the tables? Your disabled guests could use this to summon the bar person to serve them a drink. You are still offering your service, which complies with the act, delivered in a different way, without the expense of major building works.
Another example:
You have a client who is visually impaired, is it really a huge cost to have a copy of the menu in a larger font? If it really is, do you have a member of staff who could read the menu to them? You are still providing the service and not disadvantaging the client because of his disability
A Question:
You consider a potential guest who has a mental health disorder would upset your other guests by his/her presence in your accommodation and consequently you decide to refuse him/her, are you breaking the law? Answer at the bottom of the page.
So hopefully by now you have some understanding of the act and how you think you need to address any issues it may raise for you. If you do ever accommodate disabled guests why not ask them for ten minutes of their time to answer some questions you have on your premises and style of operation as it relates to disabled people? It can be an interesting experience which could provide you with a lot of food for thought!
I once changed a bedroom set up around to better accommodate, I thought, a wheelchair bound guest only to find that although I had created more space for him, because he had to approach the bed from the opposite side he actually did not have the strength on that side of his body to hoist himself into bed.
Changing bedroom lay outs at nearly midnight with a slightly tipsy but very amenable disabled guest is probably not where you need to be!
So in everything in your premises THINK DISABLED!
The answer is YES!