header-logo header-logo

Room to manoeuvre?

17 February 2017 / Spencer Keen
Issue: 7734 / Categories: Features , Discrimination
printer mail-detail
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 fold down her buggy. As a result Mr Paulley had

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

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll