ACCESS AUDIT SS Area Office, Frome · 2015-03-31 · Nick Bevan Consulting Limited 5 Saddles Lane Tivoli Walk Cheltenham GL50 2UX Tel: 01242 584674 Fax: 01242 572465 ACCESS AUDIT

Nick Bevan Consulting Limited 5 Saddles Lane

Tivoli Walk Cheltenham

GL50 2UX

Tel: 01242 584674 Fax: 01242 572465

www.nickbevan.co.uk

ACCESS AUDIT

SS Area Office, Frome

Prepared on Behalf of Frome County Council

Ref: CPW/626

Date: 7th August 2014

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Contents

Page Number

A. Executive Summary

B. Introduction and Methodology

C. The Site

D. Audit

1. Approaches and Car Parking

2. Routes and Entrances

3. Receptions, waiting rooms and seating

4. Meeting Rooms

5. Corridors and Horizontal Circulation

6. Vertical Circulation – Stairs, Ramps and Stair Lifts

7. Toilet Provision

8. Shower Rooms

9. Wayfinding, Information and Signage

10. Alarms

11. Switches and Controls

12. Lighting

3

3

11

12

13

25

30

33

34

37

39

43

45

46

46

47

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Appendices

Page number

Useful Organisations

Glossary of Terms

48

51

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A Executive Summary

A1 The property is set back from a main road in Frome with private

parking to the rear. Despite the property’s appearance we are unclear of the properties Listed status. Having identified its location on English Heritage searches, the property is believed to not be listed.

A2 This audit has been produced in order to guide interior designers as to

what issues require alterations in order to apply to the Equality Act and other relative legislation.

B Introduction and Methodology

B1 Brief Aims of the Report The following report is an assessment of the property against the

criteria set out in Section B3 below. The main purpose of the report is to ensure that the property meets

with the requirements of the Equality Act 2010 with regard to the discrimination against disabled members of the public visiting your premises or attending to receive treatment. The report does not cover discrimination against disabled employers as this is a reactive duty requiring specific adaptations to suit specific employees needs.

In order to achieve this, the report will identify where the property does

not meet current best practice standards and will recommend ways to overcome these issues which may incorporate adjustive works, changes to management policies and procedures or a combination of the two.

These recommendations will be considered in terms of their

reasonableness given the individual context and circumstances relating to the property.

In order that you can plan these works in an informed and strategic

manner each recommendation has been given a priority rating and cost banding to aid you in your own planning and to assist you in your negotiation of the acquisition.

B2 Legislation – A guide to the Equality Act 2010

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Overview The development of laws against discrimination has resulted in

numerous Acts of Parliament and sets of regulations. The first piece of legislation dealing directly with disability discrimination, the Disability Discrimination Act 1995 (DDA) was subject to significant amendments over the following 12 or so years, and case law has also had a great impact on how the law works.

The Equality Act 2010 came on to the statute books in April 2010, in

the last few weeks before the general election in May 2010. This briefing sets out the main provisions of the Equality Act 2010.

Equality Act 2010: The Equality Act prohibits discrimination on the basis of any “protected

characteristic” set out in the Act. In alphabetical order, these cover: age

disability gender reassignment marriage and civil partnership pregnancy and maternity race religion or belief sex sexual orientation

The ways that someone would show that discrimination has taken

place apply across each of the protected characteristics, although there are some exceptions and adaptations. In particular, the Equality Act recognises the need for positive action and that more favourable provisions may need to be put in place in relation to the protected characteristic of disability.

The Equality Act provides protection against discrimination that may

arise at work (for employees and workers, but currently not for volunteers except in very limited respects) in the provision of services and public functions, premises and in education as well as in dealings with associations. It does so by making discrimination unlawful in a number of ways, and by providing legal remedies to individuals who experience discrimination.

As under the DDA, the starting point is the concept of disability as

defined in s. 6(1) and (2) Equality Act. Generally an individual seeking protection must show that he or she has a disability (although some

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interesting points arise in relation to direct discrimination, see below). The key elements in the definition remain as before:

a) The individual has a physical or mental impairment; and

b) That impairment has a substantial and long-term adverse effect on the individual’s ability to carry out normal day-to-day activities.

Building on interpretation of the DDA, an effect is substantial where it

is more than minor or trivial (but not necessarily much more than that). Long term is defined in Schedule 1 and catches an effect that has

lasted for at least 12 months, or is likely to last at least 12 months or for the rest of a person’s life. The definition also acknowledges that mental health conditions in particular can fluctuate over time, by making clear that if a person is no longer experiencing significant adverse effects then he or she may still be classed as having a disability if there is evidence that the effect is likely to recur (that the effect could well happen again).

Also, where someone is being helped to get on with day-to-day

activities by taking medication or because they are having some other treatment, they are still to be treated as having a disability if there is evidence that they could well be affected in a significant way once again if they stop taking the medication or if they were no longer having the treatment.

The detail set out above builds upon our experience of living with the

DDA. The Equality Act has however made one difference, particularly relevant to those with a mental health disability, in that it will no longer be necessary to show that the adverse effects arising from the impairment impact on any particular capacity – such as memory or the ability to concentrate. This was the case under the DDA and hopefully the change will make it slightly easier for someone to show that a mental health condition is a disability, by explaining the way in which the effects impact on everyday life without also needing to illustrate that any specific capacity is affected.

Guidance is being drafted to give examples of what may and may not

be a disability and this will be published in due course by the Government's Office for Disability Issues. The guidance issued previously under the DDA is being used as a starting point, and it is hoped that there will be an increase in the number of examples of mental health conditions and their effect. Under s.6(5) Equality Act, courts and tribunals will be required to have regard to this guidance in deciding whether someone has a disability.

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Categories of discrimination under the Equality Act 2010 The circumstances in which someone can experience discrimination

are wide and varied and in order to reflect this, the legislation sets out various different ways in which discrimination can arise. Together the wrongful acts are referred to as “prohibited conduct”. Employers and service providers and other organisations are expected not to allow "prohibited conduct" to take place, and may face legal claims from anyone who feels that they have been discriminated against. Set out in general terms below are the different aspects of prohibited conduct as they apply in relation to disability

Direct discrimination –Equality Act section 13 The DDA made it unlawful to allow poor treatment "on grounds of

disability". This has been reworked: a person such as an employer or service provider (A) discriminates against B in situations where A treats B less favourably than others in a similar situation and that this is because of a disability. In order to show that there has been discrimination, B needs to show a link between disability and the way he or she was treated by A. In some cases there may be no evidence that A has actually treated someone else differently, but B can still challenge treatment by trying to show how A would have acted towards another person in that type of situation.

The Equality Act makes clear that someone who does not have a

disability cannot bring a claim that he or she has been treated less favourably than a disabled person. This, of course, is recognition that in some instances disabled people may need to be treated in a more advantageous way, for example, by an employer.

The explanatory notes to the Equality Act make clear that this type of

discrimination is intended to be wide enough to allow someone (B) to bring a claim about less favourable treatment because of disability, even if B does not have a disability. This should enable, for example, the non-disabled parent of a disabled child to challenge an employer or service provider over less favourable treatment because of the child’s disability.

Direct discrimination has until now been regarded as very difficult to

prove and it will be interesting to see whether the new law will provide better protection. Where there is evidence that this type of discrimination has taken place, the discriminator will be held responsible and will have no opportunity to try to justify why it acted that way.

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Discrimination arising from disability –Equality Act section 15 This category is intended to widen the situations that could lead to a

claim of discrimination by making it unlawful for a person (A) – possibly again an employer or service provider – to treat another person (B) unfavourably where this happens because of something arising in consequence of B’s disability. There is no need for B to compare himself with anyone else. He would be able to win a claim if he can show that he was treated unfavourably and show that this was linked to his disability.

However, as this type of discrimination is potentially very wide, the

alleged discriminator is entitled to try to justify its actions by showing there is a good reason (referred to in the legislation as a “proportionate means of achieving a legitimate aim”). In order to succeed, the owner would need to show that it had first looked at ways of making reasonable adjustments.

It is also important to note that an employer or service provider would

not be held responsible for discrimination under this section if he or she did not know that B had a disability. Sometimes, as under the DDA, there will be information that indicates that B has or may have a disability and this can’t then be ignored. The issue for B is whether to consider disclosing a disability in order to gain a better chance of ensuring that the he is treated appropriately. Perhaps this is something that will be more important in some cases than in others – such as employment situations, and perhaps also when someone deals regularly with a service provider such as a bank or housing association.

Indirect discrimination – Equality Act section 19 For the first time under UK disability discrimination legislation, a

disabled person can now argue that a practice or arrangement which seems at first glance to be neutral (and not intended to discriminate) in fact puts the disabled person at a particular disadvantage when compared with another person or group (or that it would do so if it were allowed to continue).

However, for indirect discrimination it does not matter whether an

employer or service provider knows about any particular person’s disability – they need to be thinking ahead in relation to the impact that practices and arrangements may have on disabled people (as well as on other groups with a different protected characteristic). The difficult thing with this type of claim is likely to be finding another group of

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people to compare with. The alleged discriminator will be able to defend his or her actions by

arguing that the approach is justifiable: that it is a proportionate means of achieving a legitimate aim.

The duty to make reasonable adjustments – Equality Act section

20 Under the DDA the law recognised a need to help disabled people that

may not apply in other areas, by making adjustments to help them. The starting point here is to identify whether there is a practice or arrangement that is putting a disabled person at a substantial disadvantage when compared with a non-disabled person. If this is the case, then the person seeking to continue with that practice or arrangement is required to make changes to the extent that it is reasonable which would help a disabled person to overcome that substantial disadvantage. The duty also extends to ensuring that physical features that put a disabled person at a disadvantage are dealt with and, if auxiliary aids are needed to assist the disabled person, that they should be provided.

What is reasonable for a service provider will be judged according to

the following factors: The extent to which the adjustment will prevent the problem;

The extent to which it is practicable for the employer to make it;

The financial and other costs, and the disruption it would cause to any of the employer’s activities;

The extent of the employer’s financial and other resources; and

The availability to the employer of financial or other assistance (e.g. grants) to make the proposed adjustment.

The duty is a positive one and service providers have been expected

to show that they have paid careful attention to meeting it. B3 Criteria The following documents have been used as the criteria against which

the premises will be audited. Equality Act 2010 ( formally the Disability Discrimination Act)

Code of Practice "Rights of Access – Services to the public” –

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Equality Commission

The Building Act 1984, Approved Document M, 2004 Edition

BS 9999:2008 Code of practice for fire safety in the design management and use of buildings.

Access all areas – Equality Commission

Building Sights – Royal national Institute for the Blind

RNID fact sheets

MIND fact sheets and publications

Designing for Accessibility – Centre for Accessible Environments B4 Scope Given the reactive nature of your duties under the Equality Act, as

outlined above, this report does not cover staff areas unless these are visited by members of the public. We would be pleased to provide specific advice where you plan to employ a disabled person.

Although we have included the Code of Practice for Means of Escape

within our criteria this report should not be considered as an assessment of the Means of Escape provision of the property generally which should properly be the subject of your own Fire Risk Assessment.

B5 How to use this Audit This report sets out our approach to the audit and outlines the relevant

legislation. This forms the basis of our report and puts our findings into context, it is important that this is read and absorbed prior to considering our findings within Section D.

The Audit findings list our recommendations in short form, these

recommendations should form the basis of your programme of adjustive works or Access Action Plan.

These recommendations our supported by more detailed discussion

under the heading ‘Recommendation’ to: a) explain why a recommendation has been made

b) justify why no action has been taken where a problem exists

c) give the reader an insight into the problems disabled people face in

accessing the site

d) provide more detail and further guidance as to how the recommendations should be implemented

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In order to gain a full understanding of our recommendations Section D

should be read in detail. B6 Taking action on the results This audit should be seen as the first step towards making the

property more accessible to its disabled visitors. If no action is taken on the results you will be discriminating against disabled visitors and consequently will be open to claims for compensation.

The recommendations of this audit have been prioritised and allocated costs in order to allow you to form a long-term strategy for their implementation. This strategy should then be integrated into your current maintenance, refurbishment and capital works programmes

By doing this you will avoid compromising the recommendations of the report with maintenance, refurbishment or capital projects and therefore are likely to save money by avoiding costly mistakes which may require rectification at a later date.

B7 Alternative Format Copies of this report are available in alternative formats upon request. Please contact us to discuss your individual requirements.

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C The Site

Address Frome County Council Offices

Christchurch West Road Frome

Front Elevation Date of Inspection:

30th July 2014

Contact: Helen Chamberlain Location: Frome County Council Offices are set back from Christchurch West,

Frome. Conditions: Weather was clear and dry during inspection

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D The Audit

Item Description Barrier Recommendation Photograph

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1.00 Approaches and Car Parking 1.1 Bus Stops 1.1.1 More than 200m away The nearest bus stop is more than

200m away and is thus assumed visitors to the site will arrive from other means of transport.

1.2 Taxi Drop off point 1.2.1 There is no official taxi drop off point

however it is assumed that taxis will use the car park and then follow the proposed route to the property which is discussed later in this report.

1.3 Other setting down points 1.3.1 There is a disabled marked bay

directly alongside the planned entrance door to the property.

The entrance to the site from this point is clearly definable.


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It does not have any drop kerb and this will present a significant barrier to certain user groups.

Write to local authority requesting that dropped kerb is installed at disabled bay location.

The approach from this location is

sloped but there are no obstructions or significant gradients that would present a barrier.

1.4 Pavements, kerbs and roads 1.4.1 Kerbs There are a mixture of kerbs and

dropped kerbs approaching the site. The dropped kerb at the crossing of Park Street is at 25mm. the maximum recommended up stand is no more than 6mm.

Write to local authority requesting that adjustments be made to the crossing to ensure compliance with the Equality Act.


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1.4.2 Pavements The width of the pavements to the front elevation of the property is 2.56m and the width to the side elevation is 1.86m. This is far in excess of the minimum recommendations of 900mm wide and preferable width of 1200mm.

1.4.3 The pavements are surfaced with

tarmac and are even.

1.4.4 The pavements and kerbs are of a

similar colour and not well defined. Write to Local authority requesting a manifestation be installed at kerbs in the appropriate locations.


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1.4.5 Roads The roads are surfaced with tarmac and are even.

1.5 Non-controlled pedestrian

crossings

1.5.1 There are pedestrian crossing points

located at Park Street.

1.5.2 There is no tactile paving to

pedestrian crossing points Tactile blister paving is required to maintain a tactile clue as to the edge of the carriageway where the kerb up stand is removed. Where there is no tactile warning this would be a significant barrier to those who are visually impaired

Write to Local authority requesting that tactile blister paving be installed at the crossing of Park Street.

1.5.3 The dropped kerbs have an upstand

more than 6mm. Write to local authority requesting that when adjustments are made to tactile paving that the drop kerbs be adjusted accordingly.


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1.6 Controlled crossings 1.6.1 There is a zebra crossing to the

approach to the site.

1.6.2 There is tactile paving to controlled

pedestrian crossing points The red blister tactile paving contrasts with the adjoining road and pavement. On the side of the road nearest the property the tactile surface is full width but the other side of the road is only partially covered with a section missing to the centre.

Write to Local Authority requesting that the missing strip of tactile paving be reinstated.

1.6.3 The dropped kerb has an upstand no

more than 6mm.

1.7 Street furniture 1.7.1 The approach should be as clear as

possible with a clear width of at least 900mm maintained.

1.7.2 If obstacles are not removable they

should at least be well identified to give a visually impaired person a good chance of avoiding them.


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1.7.3 There is a mixture of parking

signage and street lighting. Where there are free standing posts these are not manifested between 850 - 1000mm and 1500 - 1650mm.

Write to Local Authority requesting that manifestation be installed to existing street furniture.

1.7.4 There is a salt bin located on the

approach to the car park. This contrasts well with the pavement and other street furniture.

1.8 Parking 1.8.1 Parking is provided on site. This is located to the rear of the

property.


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1.8.2 Accessible parking bays There is currently an insufficient number of accessible parking spaces. We understand that the car park is due to be re-lined as part of the works.

Ensure that there are a sufficient number of parking spaces for every parking space as defined in British Standard 8300.

1.8.3 Ensure the accessible bays are

clearly marked and are at least 4.8m x 2.4m with a minimum of 1.2m wide designated transfers zone to both sides and the rear.

1.8.4 Ensure that accessible bays are sited

as close as possible to all entrance points.

1.8.5 Disabled users may be more

vulnerable to collision with traffic than non-disabled people, as such safe reach should be provided from bays to entrance points.

1.9 Signage 1.9.1 We understand that the proposed

routes will be through the car park through the rear of the property to the side door.

At present there is insufficient signage to make this route obvious and clearly apparent.

Make sure that signage is installed, particularly at all changes of direction to ensure that all user groups are able to clearly follow the path to the side door.


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1.9.2 Signage is provided from the

accessible bays to the main entrance/main accessible entrance to the site.

1.10 Surfaces 1.10.1 The car parking surface is constructed

of tarmac and has a slight cross fall. We understand that the accessible bays and the drop off point will be located at the lower part of this cross fall therefore minimising any risks.

1.11 Tickets machine/Parking meters

and barriers

1.11.1 The car park will be managed by

staff and there is no charge intended for parking, therefore there are no machines.


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1.12 Lighting 1.12.1 The car park is an open surface car

park and therefore lit by natural daylight throughout opening hours.

1.13 Drainage channels, grates and

gullies

1.13.1 Grating There are gratings where the

openings are not in access of the British Standard of 13mm and therefore no further action is required.

1.13.2 Gullies There are gullies where the openings

are 18mm. This exceeds the British Standard of 13mm

1.14 Ramps and steps Ramps 1.14.1 There are two ramps accessing two

parts of the site from the rear car park.

The main ramp appears temporary in nature until the car park is resurfaced. This ramp leads to a sharp dissent and this entire area will be required to be re-graded if it is intended to use this as the main access route into the property. The ramp does not have

Re-grade slope and ramp in full compliance with Part M of the Building Regulations. Alternatively consider disabled access and drop off in the bays marked at the side of the property as


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handrails or edge protection. discussed later in the report. 1.14.2 The gulley on the route from the rear

car park to the entrance door has grates of 18mm which is in excess of the British Standards at 13mm.

Replace gulley with appropriately designed fixture.

1.14.3 The dissent from the ramp up from the

car park to the proposed access route to the property is at a gradient of 1:7 which is far in excess of the recommendations of 1:20.

If this area is to be used as the main access route to the property then it will need to be re-graded to ensure that a slope of no steeper than 1:20 is satisfied. In reality this may mean raising the level of this area and creating a short flight of steps down to the rear of the property as an alternative access. We would recommend that the road layout is altered and the road to the side to install a dropped kerb. This will create the shortest distance from vehicular access to access into the property with the least risk of barriers being encountered by varying user groups.


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1.14.4 The second ramp located from the car

park to the activity centre would be better described as a dropped kerb. It has a drainage inspection cover located in the centre which will present a barrier to certain user groups and there are no handrails as is required for a ramp.

When car park is re-grade, re-locate inspection chamber out of path to activity centre and re-grade into a dropped kerb as opposed to a ramp.

Steps 1.14.5 There are steps leading up to the

front door at the front elevation of the property. We understand this will not be used for disabled visitors and there is directional signage to direct users to the side door.

The steps leading to the front of the site have 6 treads with one final step up to the front door. The width of the stairs is 2.5m and there is a handrail located on one side at a height of 900mm.

If this entrance is to be used at all by visitors then a handrail should be installed to the other side at the same height and the existing handrail should be rubbed down, free sharp edges and redecorated.

1.14.6 There is no tactile paving to the top or

bottom of the stairs. This will present a barrier to certain user groups with visual impairments.

If this entrance is to be used by any members of the public then tactile corduroy paving should be installed.


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1.14.7 Nosings are manifested with white painted edges and contrast well with the steps, however the paint is starting wear.

Redecorate nosings.

2 Entrance Main Entrance 2.1.1 Both entrance doors are clearly set

within the front and side elevations with glazing provided to the side door.


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2.1.2 Main entrances should, preferably be easily identified by a building feature such as a porch or by contrasting markings or signage or a combination of all 3. In this case both entrances are clearly identifiable.

2.1.3 There is an alternative entrance

designated for use by wheelchair users. Any alternative entrance should be clearly signed at the main entrance point. If this door is usually kept locked an intercom should be available to call for assistance. In this case there is signage at the front elevation directing users to the side door and an intercom is installed.

2.1.4 The height of the intercom will present

a barrier to disabled users as it is located at a height of 1460mm.

Relocate the intercom to a height no higher than 1100mm from ground level.


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2.1.5 The entrance is well lit from street lighting along Park Street.

2.2 Entrance Doors 2.2.1 The door designated for disabled

access is automatic inward opening. The door has a clear width of 950mm and has Georgian wired vision panels.

2.2.2 The doors are of solid construction

with vision panels located at 1100mm from ground level.

2.2.3 Entrance doors should be fitted with

vision panels so that users, whether seating or standing, can see people coming in the other direction. Vision panels should generally begin no more than 500mm above floor level so that wheelchair users on either side can see each other.


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2.2.4 Door handles are set at the appropriate height with a 90mm diameter and 45mm finger gap between the handle and the door.

2.2.5 Door handles should be contrasted

against the door frame and ideally of a lever or bar type. Knob handles can be very difficult to grip for someone with impaired dexterity.

In this case the door is automatically operated and so the handle is predominately for decorative effect and no further action is required.

2.2.6 Main entrance doors should require

no more than 13 newtons of force for the first 30 degrees and no more than 22 newtons following this to pull open a door fully. Very large and heavy doors may require power assistance or a management solution. In this instance the side door which is designated for disabled access is automatically opening and the main front door is within these requirements.


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2.2.7 There is an entry system located adjacent to the disabled access door this is set at a height of 1.46m. doorbells and intercom systems should be set at no more than 1100mm above ground level to ensure easy reach for wheelchair users.

2.2.8 The entry system is well contrasted

with simple and easy controls.

2.2.9 A well contrasted system is easier for

a visually impaired person to locate.

2.2.10 The entrance system has no visual

indication of answer. A visual indication will assist a person with a hearing disability. In addition there is no disabled hearing loop installed on the intercom system.

Replace intercom with one with a disabled hearing loop located at the appropriate height from ground level.

2.2.11 Threshold to the main entrance door

is flush internally, this leads into the entrance lobby which has entrance matting.


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2.3 Internal Lobby 2.3.1 There is an internal lobby located to

the front entrance doors. The doors are predominately glazed and manually operated with a clear width of 800mm for each door.

2.3.2 The doors are of a solid construction

with vision panels located at the appropriate height from ground level.

2.3.3 Door handles are well contrasted

against the frame and are easily identifiable by those user groups with a visual impairment.

No further recommendations


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3 Receptions, waiting rooms and cash desks

3.1 Reception 3.1.1 Reception counter There is a reception counter set within

the entrance lobby and is clearly visible from the main front entrance but not if accessed from the side elevation.

Install additional signage to direct users from the side entrance to the main reception counter.

3.1.2 The reception counter consists of

wood with a timber counter. The surface to the counter does not create glare.

3.1.3 The reception counter is set at

950mm from ground level but does not have a lowered counter.

Make adjustments to the counter to include a lowered counter for wheelchair users. The lowered counter should have a clear height to the underside of 700mm with a depth of 600mm knee space.

3.1.4 There are no sharp edges to any of

the counters. No further recommendations.


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3.1.5 A hearing loop is provided with appropriate signage.

3.1.6 Lighting levels at the reception

counter are in excess of the minimum of 150 lux.

3.1.7 The reception counter is located in

front of a window. This may present a barrier to certain user groups with vision impairments as reflections may cause difficulties. The glazed panel should be changed to an opaque style glazing.

3.2 Seating 3.2.1 There is no seating directly adjacent

to the reception but there is seating in an adjacent waiting room.

There is a variety of different seating with various seat heights from 400-480mm from ground level. The varying seat heights and various seat heights with arms and without arms will give the broadest accessibility for different user groups with different requirements. For example a wheelchair user wishing to transfer to a seat will find it far easier to transfer to a seat at a higher height.


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3.2.3 The seating is moveable with various

seat heights.

4 Meeting Rooms 4.1.1 Generally the meeting rooms are

accessed via central corridors and from the waiting room.

4.1.2 Generally within the meeting room

there is a desk and two chairs although we understand the property is to be refurbished and therefore this may alter.

4.1.3 There are no hearing loops provided. We did note at reception

there is a portable hearing loop and we recommend that a number of portable hearing loops are located at reception so that users may request one if needed.

4.1.4 Lighting levels within the rooms are

within excess of 150 lux.


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4.1.5 We note that some of the desks are located in front of windows. This will create a barrier to certain user groups with a visual impairment.

We recommend that layouts are considered so that desks are not sited directly in front of windows.

5 Corridors and horizontal

circulation corridors.

5.1 Widths and obstructions 5.1.1 At first floor there is a corridor

leading from the stairs to the various meeting rooms.

Generally the corridor widths are between 1200 and 1650mm wide. This is far in excess of the minimum recommendations of 1200mm. where there are areas of more narrow corridors, for example 1200mm these are only for a short distance and passing places are available.

5.1.2 There are no projections within the

corridor which may cause an obstruction.


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5.1.3 There are areas of glazed panelling within the corridor at first floor level. These are manifested and set within a frame.

No further recommendations.

5.1.4 Some doors are as narrow as 760mm.

we noted that some of the rooms have larger doors that would be more accessible than others. As a minimum you should ensure that a management plan directs users whose requirements are for a larger door to the rooms that have this facility.

Dependant on the expectant ratio of disabled users utilising the property you may wish to either create a management plan to ensure rooms with better accessed are used by users that require it. Alternatively you may wish to consider widening the door widths. For example on the ground floor in the meeting rooms behind the reception the stud wall would be relatively straight forward to adjust and widen the door width.

5.1.5 The doors are of solid construction,

some of which have vision panels which would not be accessible to wheelchair users.

If users are to be assisted into the meeting rooms then the vision panels may stay as existing. If users are required to enter the rooms themselves without assistance then vision panels


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located at 1100mm from ground level so that disabled users may see into the room.

5.2 Floor services 5.2.1 Flooring within the corridors consists

of tiles to the ground floor and carpet to the upper floor.

There are no rucks or damaged areas that require immediate attention. Further, there are no recommendations

5.2.2 Contrasts There is a reasonable level of contrast

between the floor, skirtings, walls and doors leading from the corridor.

When redecorating it is preferable to define these different items with different colours so as those users with visual impairments are able to make their way around the building.

5.2.3 Lighting Lighting levels within the corridor are

a minimum of 100 lux.


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6 Vertical circulation, stairs, ramps and stair lifts.

6.1 Ramps 6.1.1 There are no ramps aside from

those already mentioned.

6.2 Stairs 6.2.1 There are stairs within the premises. There are stairs leading to the first

floor with 11 treads per flight. The going of the stairs is 300mm and the rise is 165mm. the width of the stairs is 1150mm and these are closed string with closed risers.

6.2.2 Handrails are provided to both sides

of the stairs at a height of 800mm. only 1 side of the handrail is accessible due to a chairlift having been installed on the other.

The handrails should be set between 900 - 1000mm.


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6.2.3 The treads are formed in vinyl with nosings that are manifested with black and stainless steel and contrast well with the stairs.

6.3 Stair lifts 6.3.1 There is a stair lift located at the

central stairs. The stair lift chair height is 580mm. the control height is at 1100mm.

The stair lift does appear to be of some considerable age. Whilst the controls are located at the maximum appropriate height, they are relatively difficult to access at the corner junction with many switches and operation keys which cause obstruction to those users in a wheelchair requiring access to it. Whilst a stair lift is not the ideal method for vertical circulation in this instance it does


P a g e | 38

provide the only practical solution. You may wish to consider replacing the stair lift and controls with a more modern unit.

7 Toilet Provision 7.1 Ambulant WC’s 7.1.1 There is one ambulant WC This is located on the first floor

adjacent to the kitchen.

7.1.2 The door opens outwards and does

not obstruct escape routes.

7.1.3 The seat height is 430mm which falls

below the recommended height of 480mm.

Replace with WC that has a seat height of 480mm.

7.1.4 The basins do not have lever action

taps. Ensure at least one basin has lever action taps.

7.1.5 There are handrails within the cubicle. 7.2 Accessible WC’s 7.2.1 There is one accessible WC. This is located on the ground floor and

is in excess of the minimum recommendation of 2.2m x 2.2m.


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7.2.3 Doors open outwards and do not obstruct escape routes.

7.2.4 Doors locks are hand turn and would

be difficult to use for user groups with limited dexterity.

Replace door lock with ambulant accessible handle door lock.

7.2.5 All of the sanitary ware and

decorations are of a similar colour. Presumably when the refurbishment occurs then this room will be re-decorated.

Ensure that the sanitary ware contrasts against the colour scheme chosen.

7.2.6 The flooring is vinyl and slip resistant.


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7.2.7 The seat height is below 480mm which is the recommended height.

Either adjust WC or install new WC with a seat height of 480mm from floor level.

7.2.8 The lights are operated from a pull

cord with a height of 1.43m from ground level. This will be inaccessible to those users in wheelchairs.

Either adjust lighting so that it is at a height no higher than 1100mm from ground floor level. Or consider the installation of PIR lighting.

7.2.9 The basins have level action taps. No further recommendations

7.2.10 There are low level pipes and

radiators that are not low surface temperature and this will prevent a barrier and cause risks to certain user groups.

Replace all accessible radiators with low surface temperature radiators and ensure low level pipework is boxed in or protected.


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7.2.11 There are handrails within the cubicle; generally these are located in the appropriate locations. However due to the location and boxing in of pipework adjacent to the WC the handrail in this location is ineffective.

Relocate WC away from boxing in so that handrail can be placed either side.

7.2.12 There is an emergency cord located

within this WC. This is located by the WC and has two pull handles as is recommended.

No further recommendations.

7.2.13 There is a visual fire alarm within the

WC. No further recommendations.

7.2.14 The basin rim is set at 760mm this

falls above the recommended level of between 720mm and 740mm.


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7.2.15 There is no toilet paper dispenser provided and tissue paper is provided in the form of two rolls placed on the boxing of the WC. This would not be accessible to certain user groups especially wheelchair users.

Install toilet paper dispenser within reach of WC.

7.2.16 There is an automatic hand dryer This meets the needs of all

user groups, no further recommendations.

7.2.17 There is a soap dispenser located

above the wash hand basin. This would not be within reach of user groups who are in a wheelchair.

Adjust location of soap dispenser so that it is no higher than 1100mm from ground level.

7.2.18 Horizontal and vertical grab rails are

correctly located. These are formed with plastic around the perimeter of the WC facility.

8 Shower rooms 8.1.1 There is a shower room located

within the disabled WC at ground floor level.

Within the shower room there is a shower, WC, wash hand basin with soap dispenser and toilet roll.


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8.1.2 The flooring within the shower is non-slip flooring.

8.1.3 Lighting levels within the shower room

are in excess of 150 lux.

8.1.4 There are no coat hooks available.

These should be provided at 1.7m from ground level.

8.1.5 A seat is provided within the shower

room. This is in accordance with best practice and therefore no further recommendation.

8.1.6 There is no alarm pull cord within the

shower facility itself, only adjacent to the WC.

Install additional alarm pull cord to the shower cubicle area.


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9 Way Finding: Information and Signage

9.1 Signage 9.1.1 Signage is generally located 1.6m

above floor level. This falls within the range of 1.4m to 1.7m which is the recommended level. Some signage, particularly to the waiting room area is above the door and therefore falls outside of these recommended tolerances.

Ensure that all signage is either located between 1.4 and 1.7m or projecting signage is used which can be up to 2.3m in height.

9.1.2 Simple signage where used is easily

recognisable,

9.1.3 Simple signage is particularly

beneficial for visually impaired people and for those with learning difficulties.


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10 Alarms 10.1 There are only visual alarms located

adjacent to the disabled WC at ground floor level.

Install additional visual alarms.

11 Switches and controls 11.1 There are a mixture of switches and

controls within the premises. In the common areas these are switched on by staff and left on throughout the day. In the WC’s however there are a mixture of automatic lights and pull cords. Previously, the pull cord in the disabled WC is in excess of 1.4m and therefore is inaccessible to certain user groups in wheelchairs.

Either install PIR lighting to all WC’s or adjust light switching so that it can be reached from a wheelchair.

11.2 Generally switches do not contrast

well against the background. Switches are white as are the painted walls.

As part of the redecoration consider either backing to the light switching, changing the colour of the light switching or choosing colour schemes which contrast against them.


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12 Lighting 12.1.1 Lighting is a mixture of natural and

artificial and is controllable.

12.1.2 Lighting in hazardous areas is

adequate.

12.1.3 We are unsure whether the lighting is

compatible with hearing enhancement equipment.

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Useful Organisations

Equality and Human Rights Commission The Equality and Human Rights Commission is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights. The Equality and Human Rights Commission helplines advise both individuals and organisations such as employers and service providers. Website: www.equalityhumanrights.com Helpline – England Email: [email protected] Telephone: 0845 604 6610 Textphone: 0845 604 6620 Fax: 0845 604 6630 08:00 – 18:00 Monday to Friday Directgov Directgov is the UK government’s digita; service for people in England and Wales. It delivers information and practical advice about public services, bringing them all together in one place. Website: www.direct.gov.uk Government Equalities Office (GEO) The GEO is the Government department responsible for equalities and policy in the UK Website: www.equalities.gov.uk Telephone: 0303 444 0000

http://www.equalityhumanrights.com/

mailto:[email protected]

http://www.direct.gov.uk/

http://www.equalities.gov.uk/

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RADAR – Royal Association for Disability and Rehabilitation 12 City Forum 250 City Road London EC1V 8AF Telephone: 020 7250 3222 Fax: 020 7250 0212 Minicom: 020 7250 4119 Royal National Institute for the Blind RNIB Customer Services PO Box 173 Peterborough PE2 6WS Telephone: 0845 702 3153 Minicom: 0845 58 56 91 Fax: 01733 37 15 55 RNIB Helpline Tel: 0845 766 99 99 (UK only) Tel: 020 7388 1266 (switchboard/overseas callers) Fax: 020 7388 2034 Interpreters available Textphone users call via Typetalk: 0800 51 51 52 Royal Institute for Deaf People 19-23 Featherstone Street London EC1Y 8SL Tel: 020 7296 8000 Textphone: 020 7296 8001 Fax: 020 7296 8199 Information Line Tel: 0808 808 0123 (freephone) Textphone: 0808 808 9000 (freephone) Fax: 020 7296 8199

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Disabled Living Foundation 380 – 384 Harrow Road London W9 2HU Tel: 0845 130 9177 Minicom: 0870 603 9176 Email: [email protected] Web: www.dlf.org.uk

mailto:[email protected]

http://www.dlf.org.uk/

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Glossary of Terms

Accessible venue

A building designed and / or altered to ensure that people, including disabled

people, can enter and move round freely and access its events and facilities.

Act

A law or piece of legislation passed by both Houses of Parliament and agreed to

by the Crown, which then becomes part of statutory law (ie is enacted).

Affirmative Action

Positive steps taken to increase the participation of under-represented groups in

the workplace. It may encompass such terms as positive action and positive

discrimination. The term, which originates from the United States of America, is

not used in the Equality Act.

Age

This refers to a person belonging to a particular age group, which can mean

people of the same age (e.g. 32 year olds) or range of ages (e.g. 18 - 30 year

olds, or people over 50).

Agent

A person who has authority to act on behalf of another ('the principal') but who is

not an employee.

All reasonable steps

In relation to harassment by an employee, all the things which the employer

could reasonably have done to stop it; in relation to reasonable adjustments,

'reasonable steps' is another term for the things that the employer could

reasonably have done to remove the disadvantage.

Alternative format

Media formats which are accessible to disabled people with specific impairments,

for example Braille, audio description, subtitles and Easy Read.

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Anticipatory duty

For service providers, the duty to make reasonable adjustments is anticipatory;

within reason, it is owed to all potential disabled customers and not just to those

who are known to the service provider.

Armed forces

Refers to military service personnel.

Associate members

A person who has access to some or all of an association's benefits, facilities and

services because they are a member of another associated private club.

Associated with

Where a victim of discrimination does not have a protected characteristic but is

discriminated against because of their association with someone who does e.g.

the parent of a disabled child.

Association

An association of people sharing a particular characteristic or interest which has

at least 25 members, where admission to membership is regulated and involves

a process of selection.

Association with

See associated with.

Auxiliary aid

Usually a special piece of equipment to improve accessibility.

Auxiliary service

A service to improve access to something often involving the provision of a

helper/ assistant.

Bill

A draft Act, not passed or in force.

Breastfeeding

When a woman feeds her baby with breast milk. Breastfeeding is specifically

protected for the first 26 weeks after birth by the pregnancy and maternity

discrimination provisions in relation to non-work cases.

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By association

In the Act, this refers to discrimination against a person who does not have a

protected characteristic because of their association with someone who has a

protected characteristic. See also ‘associated with’.

Charity

A body (whether corporate or not) which is for a statutory charitable purpose that

provides a benefit to the public.

Civil, diplomatic, armed or security and intelligence services

Respectively, this refers to (i) the civil service, (ii) the diplomatic service (iii) the

armed forces, (iv) organisations responsible for internal security and

counterintelligence (but not civil police forces).

Clients

A customer or patron of a service or organisation, generally where the service

provider is professional and is in a position of trust and confidence.

Code of Practice

Is a statutory guidance document which must be taken into account by the Courts

when applying the law and which may assist people comply with the law.

Comparator

A person with whom a claimant compares themselves to establish less

favourable treatment in a discrimination case.

Customers

People who buy or use goods or services.

Data Protection

Safeguards concerning personal data provided for by statute, mainly the Data

Protection Act 1998

Different needs

Refers to the different requirements that people with protected characteristics

may have which either must or should be met to provide equality, including

equality of opportunity and access

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Direct discrimination

less favourable treatment of a person compared with another person because of

a protected characteristic

Directly discriminatory

See direct discrimination

Disability

A person has a disability if s/he has a physical or mental impairment which has a

substantial and long-term adverse effect on that person's ability to carry out

normal day-to-day activities.

Disabled person

Someone who has a physical or mental impairment that has a substantial and

long-term adverse effect on his or her ability to carry out normal day-to-day

activities.

Disadvantage

A detriment or impediment – something that the individual affected might

reasonably consider changes their position for the worse.

Disadvantaged

When someone suffers a detriment or finds an impediment to enjoying a benefit

in comparison with others because of a characteristic of theirs; encountering a

pre-existing barrier which is inherent in their workplace but which doesn't have

the same effect on others

Discriminate unlawfully

When an employer has treated someone less favourably because of a protected

characteristic (discriminated against them) and does not have a valid defence.

Discriminating directly or indirectly

Refers to discrimination because of a person's protected characteristic (direct); or

discrimination that occurs when a provision, criteria or practice is applied that

creates disproportionate disadvantage for a person with a protected

characteristic as compared to those who do not share that characteristic

(indirect).

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Discrimination arising from disability

When a person is treated unfavourably because of something arising in

consequence of their disability.

Disproportionately low

Refers to situations where people with a protected characteristic are under-

represented (e.g. in the workforce or among service-users) compared to their

numbers in the population

Diversity

Where many different types of people are included

Duty to make reasonable adjustments

Where a disabled person is at a substantial disadvantage in comparison with

people who are not disabled, there is a duty to take reasonable steps to remove

that disadvantage by (i) changing provisions, criteria or practices, (ii) altering,

removing or providing a reasonable alternative means of avoiding physical

features and (iii) providing auxiliary aids

Educational establishments

Schools, colleges and higher educational institutions

Employee

A person who carries out work for a person under a contract of service, a

contract of apprenticeship, or a contract personally to do work; or a person who

carries out work for the Crown or a relevant member of the Houses of Parliament

staff.

Employer

A person who makes work available under a contract of service, a contract of

apprenticeship, the Crown or a relevant member of the Houses of Parliament

staff.

Employment service provider

A person who provides vocational training and guidance, careers services and

may supply employers with workers

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Employment services

Vocational training and guidance, finding employment for people, supplying

employers with workers

Equal pay audit

Comparing the pay of women and men who are doing equal work in an

organisation, and investigating the causes of any pay gaps by gender or working

pattern. The provisions in the Act directly relating to equal pay refer to sex

equality but an equal pay audit could be used applied to other protected

characteristics to help an employer equality proof their business.

Equal work

A woman’s work is equal to a man’s in the same employment (and vice versa) if it

is the same or broadly similar (like work); rated as equivalent to his work under a

job evaluation scheme or if she can show that her work is of equal value to his in

terms of the demands made of her.

Equality clause

A sex equality clause is read into a person’s contract of employment so that

where there is a term which is less favourable than that enjoyed by someone of

the opposite sex doing equal work, that term will be modified to provide equal

terms.

Equality policy

A statement of an organisation’s commitment to the principle of equality of

opportunity in the workplace.

Equality training

Training on equality law and effective equality practice

Exceptions

Where, in specified circumstances, a provision of the Act does not apply

Flexible working

Working different hours or at home to accommodate childcare commitments

Gender reassignment

The process of changing or transitioning from one gender to another

Gender Recognition Certificate

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A certificate issued under the Gender Recognition Act to a transsexual person

who has, or has had gender dysphoria, has lived in the acquired gender

throughout the preceding two years, and intends to continue to live in the

acquired gender until death.

Goods, facilities or services

Goods refer to moveable property, facilities to opportunities to enjoy a benefit or

do something and services refer to provisions for meeting people's needs.

Goods, facilities and services are available to the public or any part of it.

Guaranteed interview scheme

This is a scheme for disabled people which means that an applicant will be

invited for interview if they meet the essential specified requirements of the job

Guests

People invited to enjoy an association's benefits, facilities or services by that

association or a member of it.

Harass

To behave towards someone in a way that violates their dignity, or creates a

degrading, humiliating, hostile, intimidating or offensive environment.

Harassment

Unwanted behaviour that has the purpose or effect of violating a person’s dignity

or creates a degrading, humiliating, hostile, intimidating or offensive environment.

See below for sexual harassment.

Impairment

A functional limitation which may lead to a person being defined as disabled

according to the definition under the Act. See disability.

Indirect discrimination

The use of an apparently neutral practice, provision or criterion which puts people

with a particular protected characteristic at a disadvantage compared with others

who do not share that characteristic , and applying the practice, provision or

criterion cannot be objectively justified

Indirectly discriminatory

See indirect discrimination

Information Society Service Provider (ISSP)

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A service provider which provides electronic data storage, usually for payment,

for example, selling goods online.

Instruction to discriminate

When someone who is in a position to do so instructs another to discriminate

against a third party. For example, if a GP instructed her receptionist not to

register anyone who might need help from an interpreter, this would amount to an

instruction to discriminate.

Insurance business

An organisation which provides financial protection against specified risks to

clients in exchange for payment.

Job evaluation study

This is a study undertaken to evaluate jobs in terms of the demands made on a

person, using factors such as effort, skill and decision making. This can establish

whether the work done by a woman and a man is equal, for equal pay purposes.

See equal work.

Judicial review

Is a procedure by which the High Court supervises the exercise of public

authority power to ensure that it remains within the bounds of what is lawful.

Less favourably

Worse, not as well as

Like work

See equal work.

Manifest

See manifestation: refers to the appearance or expression of a protected

characteristic. For example manifestations of sexual orientation can include the

person’s appearance, the places they visit or the people they mix with.

Manifestation

Expression

http://www.equalityhumanrights.com/advice-and-guidance/new-equality-act-guidance/glossary-of-terms/

http://www.equalityhumanrights.com/advice-and-guidance/new-equality-act-guidance/glossary-of-terms/

P a g e | 58

Marriage and civil partnership

Marriage is defined as a 'union between a man and a woman'. Same-sex couples

can have their relationships legally recognised as 'civil partnerships'. Civil

partners must be treated no less favourably than married couples.

Maternity

See pregnancy and maternity

Maternity leave

leave which a woman can take whilst she is pregnant and after the birth of her

child divided into compulsory, ordinary and additional maternity leave. How much

leave a woman is entitled to will vary, but all women employees are entitled to 26

weeks.

Members

People who have been formally accepted into membership of an association

Minister

Someone who is authorized to perform religious functions, such as weddings,

baptisms and communion, in a Christian church.

Monitor

See monitoring

Monitoring

Monitoring for equality data to check if people with protected characteristics are

participating and being treated equally. For example, monitoring the

representation of women, or disabled people, in the workforce or at senior levels

within organisations.

Monitoring form

A form which organisations use to collect equality monitoring data – from, for

example, job applicants or service users. It records information about a person’s

sex, age, disability, race, religion, or sexual orientation. It is kept separately from

any identifying information about the person.

More favourably

To treat somebody better than someone else. This is unlawful under the Act if it

is because of a protected characteristic except in very limited circumstances e.g.

P a g e | 59

the duty to make reasonable adjustments for a disabled person. The law can

require pregnant workers to be treated more favourably in some circumstances.

National security

The security of the nation and its protection from external and internal threats,

particularly from activities such as terrorism and threats from other nations

Needs that are different

See different needs

Normal retirement age

Is the retirement age at which in practice employees in a particular job and

workplace would normally expect to retire. Normal retirement age can differ from

the contractual retirement age. If it is under 65, it must be objectively justified.

Objective justification

When something (e.g. an otherwise discriminatory action) can be objectively

justified

Objectively justified

When something can be shown to be a proportionate means of achieving a

legitimate aim – that is, the way of achieving the aim is appropriate and

necessary.

Occupational health

Occupational health can be defined as the ongoing maintenance and promotion

of physical, mental and social well-being for all workers.

Occupational health practitioner

A health professional providing occupational health services

Occupational pension

A pension which an employee may receive after retirement as a contractual

benefit

Occupational requirement

Where having a protected characteristic is an occupational requirement, certain

jobs can be reserved for people with that protected characteristic (e.g. Women

support workers in women's refuges; Ministers of Religion)

Office-holders

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There are personal and public offices. A personal office is a remunerated office

or post to which a person is appointed personally under the direction of someone

else. A public office is appointed by a member of the government, or the

appointment is recommended by them, or the appointment can be made on the

recommendation or with the approval of both Houses of Parliament, the Scottish

parliament or the National Assembly for Wales.

Organised religion

Refers to a religion which manifests its beliefs through organised worship

Palantypist

Also known as 'Speech to Text Reporter'. A palantypist reproduces speech into a

text format onto a computer screen at verbatim speeds for deaf or hard of

hearing people to read

Past disability

A person who has had a disability as defined by the Equality Act

Perception

In the Act, the belief that someone has a protected characteristic, whether or not

they do have it.

Physical barriers

A physical feature of a building or premises which places disabled people at a

substantial disadvantage compared to non-disabled people when accessing

goods, facilities and services or employment

Physical features

Anything that forms part of the design or construction of a place of work,

including any fixtures, such as doors, stairs etc. Physical features do not include

furniture, furnishings, materials, equipment or other chattels in or on the

premises.

Positive action

Refers to a range of lawful actions that seek to overcome or minimise

disadvantages (e.g. in employment opportunities) that people who share a

protected characteristic have experienced, or to meet their different needs.

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Positive Discrimination

Treating someone with a protected characteristic more favourably to counteract

the effects of past discrimination. It is generally not lawful although the duty to

make reasonable adjustments is an exception where treating a disabled person

more favourably may be required by law.

Practicable

Capable of being carried out or put into effect

Pregnancy and maternity

Pregnancy is the condition of being pregnant or expecting a baby. Maternity

refers to the period after the birth, and is linked to maternity leave in the

employment context. In the non-work context, protection against maternity

discrimination is for 26 weeks after giving birth, and this includes treating a

woman unfavourably because she is breastfeeding.

Pregnant

See pregnancy and maternity

Private disposals

Is when an owner-occupier disposes of property (i.e. sells or leases etc) without

using an estate agent or publishing an advert in connection with the 'disposal'

Procurement

Is the term used in relation to the range of goods and services a public body or

authority requires and delivers. It includes sourcing and appointment of a service

provider and the subsequent management of the goods and services being

provided.

Professional organisations

A body of persons engaged in the same profession, formed usually to provide

advice, maintain standards, and represent the profession in discussions with

other bodies about professional concerns

Proportionate

This refers to measures or actions that are appropriate and necessary. Whether

something is proportionate in the circumstances will be a question of fact and

involve weighing up the discriminatory impact of the action against the reasons

for it, and asking if there is any other way of achieving the aim.

Protected characteristics

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These are the grounds upon which discrimination is unlawful. The characteristics

are: age, disability, gender reassignment, marriage and civil partnership,

pregnancy and maternity, race, religion or belief, sex and sexual orientation.

Protected period

This refers to the time when the specific prohibition against unfavourable

treatment of expectant and new mothers applies. The period begins at the start of

a woman’s pregnancy and continues until the end of her maternity leave.

Provision, criterion or practice

Identifying a provision, criterion or practice is key to establishing indirect

discrimination. It can include for example, any formal or informal policies,

decisions, rules, practices, arrangements, criteria, conditions, prerequisites or

qualifications.

Public authority

Organisations and individuals that carry out public functions - this would include

government departments, local authorities, health authorities and hospitals,

schools, prisons, and police for example.

Public bodies

Public bodies are defined as bodies which have a role in the processes of

national Government but are not a Government department or part of one. They

operate to a greater or lesser extent at arm's length from Ministers.

Public functions

Any act or activity undertaken by a public authority in relation to delivery of a

public service or carrying out duties or functions of a public nature e.g. the

provision of policing and prison services, healthcare, including residential care of

the elderly, government policy making or local authority planning services.

Public sector equality duty

The duty on a public authority when carrying out its functions to have due regard

to the need to eliminate unlawful discrimination and harassment, foster good

relations and advance equality of opportunity.

Qualifications bodies

An authority or body which can confer qualifications.

Questions procedure

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A discrimination law procedure whereby a pre-action questionnaire is issued to

the respondent/ defendant, i.e. the person or organisation against whom a

discrimination claim may be made

Race

Refers to the protected characteristic of race. It refers to a group of people

defined by their race, colour, nationality (including citizenship) ethnic or national

origins.

Rated as equivalent

An equal pay concept - see equal work

Reasonable

What is considered reasonable will depend on all the circumstances of the case

including the size of an organisation and its resources, what is practicable, the

effectiveness of what is being proposed and the likely disruption that would be

caused by taking the measure in question as well as the availability of financial

assistance

Reasonable adjustment

See the duty to make reasonable adjustments

Reasonable steps

See the duty to make reasonable adjustments

Reasonably

See reasonable

Reasonably believe

This refers to a belief based on objective grounds

Regulations

Secondary legislation made under an Act of Parliament (or European legislation)

setting out subsidiary matters which assist in the Act's implementation

Religion or belief

Religion has the meaning usually given to it but belief includes religious and

philosophical beliefs including lack of belief (e.g. atheism). Generally, a belief

should affect your life choices or the way you live for it to be included in the

definition.

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Religion or belief organisations

An organisation founded on an ethos based on a religion or belief. Faith schools

are one example of a religion or belief organisation

Religious organisation

See religion or belief organisation

Retirement age

The age at which an employee retires. This may be the national default

retirement age, if there is one, or an age which is set in the contract of

employment but which must be capable of being objectively justified

Right to request flexible working

The legal right to request flexible working, e.g. a change in the way you work or

the hours you work

Same employment

An equal pay concept (see equal work). Generally, women and men can

compare their pay and other conditions with those employed by the same or an

associated employer.

Separate services

Services only provided for one sex

Service complaint

A complaint about service delivery

Service provider

Someone (including an organisation) who provides services, goods or facilities to

the general public or a section of it

Service users

Those accessing or using a particular service

Services

See goods, facilities and services

Services, Goods or Facilities

This refers to services, goods or facilities provided to the public by public or

private providers. The definition excludes public functions and benefits, facilities

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and services provided by clubs and associations. See also goods, facilities and

services.

Sex

This is a protected characteristic. It refers to whether a person is a man or a

woman (of any age).

Sexual harassment

Any conduct of a sexual nature that is unwanted by the recipient, including

verbal, non-verbal and physical behaviours, and which violates the victim's

dignity or creates an intimidating, hostile, degrading or offensive environment for

them

Sexual orientation

Whether a person's sexual attraction is towards their own sex, the opposite sex

or to both sexes

Single-sex facilities

Facilities which are only available to men or to women, the provision of which

may be lawful under the Act

Single-sex services

A service provided only to men or women. It is not always discriminatory to

provide single-sex services, for example provision of single-sex changing

facilities in a leisure centre

Small premises

Premises are small if they are not normally sufficient to accommodate more than

two other households (and no more than six people in addition to the owner-

occupier and/or their relatives and/or close relations)

Stakeholders

People with an interest in a subject or issue who are likely to be affected by any

decision relating to it and/or have responsibilities relating to it.

Substantial disadvantage

A disadvantage which is more than minor or trivial

Terms of employment

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The provisions of a person’s contract of employment, whether provided for

expressly in the contract itself or incorporated by statute, custom and practice or

common law etc.

Textphone

A type of telephone for deaf or hard of hearing people which is attached to a

keyboard and a screen on which the messages sent and received are displayed

Trade unions

These are organisations formed to represent workers’ rights and interests to their

employers, for example in order to improve working conditions, wages or

benefits. They also advocate more widely on behalf of their members’ interests

and make recommendations to government, industry bodies and other policy

makers.

Transsexual person

Refers to a person who has the protected characteristic of gender reassignment.

This may be a woman who has transitioned or is transitioning to be a man, or a

man who has transitioned or is transitioning to be a woman. The law does not

require a person to undergo a medical procedure to be recognised as a

transsexual,

Two Ticks' Symbol

A sign awarded by Jobcentre Plus to employers who are positive about

employing disabled people and are committed to employ, keep and develop

disabled staff

UK Text Relay Service

Text Relay is a national telephone relay service for deaf, deafened, hard of

hearing, deaf blind and speech-impaired people. It lets them use a textphone to

access any services that are available on standard telephone systems.

Unfavourably

The term is used (instead of less favourable) where a comparator is not required

to show that someone has been subjected to a detriment or disadvantage

because of a protected characteristic – for example in relation to pregnancy and

maternity discrimination.

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Unlawful

Not permitted by law (as distinct from illegal which means 'forbidden by law'). On

occasions, unlawful and illegal may be synonymous, but unlawful is more

correctly applied in relation to civil (as opposed to criminal) wrongs.

Unlawful disability discrimination

See unlawful discrimination

Unlawful discrimination

When an employer has engaged in prohibited conduct against someone with a

protected characteristic and does not have a valid defence

Unlawful discrimination because of disability

See unlawful discrimination and discrimination arising from disability

Unlawful indirect discrimination

See indirect discrimination

Unlawfully discriminated

See discriminate unlawfully and unlawful discrimination

Unlawfully discriminated

See unlawful discrimination

Unreasonable

Not reasonable, beyond what’s practicable. See also reasonable.

Victimisation

Subjecting a person to a detriment because they have done a protected act or

there is a belief that they have done a protected act i.e. bringing proceedings

under the Act; giving evidence or information in connection with proceedings

under the Act; doing any other thing for the purposes or in connection with the

Act; making an allegation that a person has contravened the Act.

Victimise

The act of victimisation

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Vocational service

A range of services to enable people to retain and gain paid employment and

mainstream education.

Vocational training

Training to do a particular job or task

Work of equal value

See equal work

Work situation

Refers to the employment and workplace context – if disputes or discrimination

complaints arise in relation to work they will be heard in the Employment

Tribunal.

Workstep

The WORKSTEP employment programme provides support to disabled people

facing complex barriers to getting and keeping a job. It also offers practical

assistance to employers.

Worker

The definition of 'employee' given above also encompasses that of 'worker'.

However, in employment law, worker is generally a wider category than

employee and includes a contract personally to do work.

Worse

When someone is treated less favourably they are treated worse than someone

else, literally something which is not as good as someone or something else.

Documents

ACCESS AUDIT SS Area Office, Frome · 2015-03-31 · Nick Bevan Consulting Limited 5 Saddles Lane Tivoli Walk Cheltenham GL50 2UX Tel: 01242 584674 Fax: 01242 572465 ACCESS AUDIT