Small business owners will be anxious after a TV programme revealed that they could be stung with up to a £100,000 fine due to individuals taking advantage of disability laws.
The Watchdog programme, shown on Tuesday night on BBC1, described the recent case of two women, one wheelchair bound, who deliberately visited shops in Bristol without access ramps on their doorstep in order to make claims against them.
Phase III of the Disability Discrimination Act, introduced in October 2004, stipulates that all businesses have to make reasonable alterations to their premises to overcome access barriers.
However, consultancy firm Croner state that while failure to provide a ramp could be in breach of the law, it does not mean that it should automatically lead to a disability discrimination claim.
Over 100 small retailers were visited by the couple, with the majority unable to offer assistance before the couple rushed off.
Two months later 81 small businesses were hit with letters from claim firm Knoland Legal citing failure to comply with the DDA and causing ‘significant distress’ to the women.
It was later revealed that the disabled lady, Denise Stainer, was ‘recruited’ whilst in hospital by a Mrs Jill Bellil to help with the scam.
However, Croner was quick to point out that shopkeepers needn’t be too alarmed, but should ensure that they understand the DDA and how it affects their business.
Richard Smith, employment law expert at Croner, said: “Tuesday’s programme is an unusual example of people attempting to use the law for extreme purposes, and all the claims have now been withdrawn.
“It’s not correct to say that failure to provide a ramp is automatically going to lead to a disability claim, it depends greatly on the resources of the business and the amount of usage that would take place, so we want to put small shopkeepers minds at rest.
“There is more to the DDA than just providing ramps, however with possible fines that could send a small business into financial ruin. It’s worthwhile taking a diligent approach to the Act."
The case resulted in the Disability Rights Commission claiming that Knoland Legal had misinterpreted the law, with the firm forced to withdraw the claims.
To read more about the DDA and what it means to your business, click here.