header-logo header-logo

17 February 2017 / Spencer Keen
Issue: 7734 / Categories: Features , Discrimination
printer mail-detail

Room to manoeuvre?

nlj_7734_keen

Beware the length of the judge’s foot in cases involving reasonable adjustments to services, warns Spencer Keen

  • FirstGroup v Paulley illustrates that the final arbiter in any reasonable adjustments case is the judge.

FirstGroup, the respondent in the case of Paulley v FirstGroup, is a bus company. On its buses it provides a space where a wheelchair user can place his/her wheelchair. FirstGroup’s policy governing the use of that space allowed a non-wheelchair user to occupy the space but stated that, if the space was needed by a wheelchair user, that would be asked to move. The policy did not require the driver to do anything more and, if the non-wheelchair user refused to move, FirstGroup took the view that nothing more could be done.

On 24 February 2012 Mr Doug Paulley, who is a wheelchair user, attempted to catch the 9.40 bus from Wetherby to Leeds. A lady with a buggy was occupying the wheelchair space. The driver asked her to move but she refused, because, she said, she could not

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
back-to-top-scroll