Clubs and associations

Q: Can clubs still hold separate events for men and women?

A: Yes, the ground of sex is not part of the phase 1 of the Ordinance so there is no legislation about restricting these competitions. See Service providers Guide- Chapter 2 Protected Grounds.

Q: Are sporting organisations covered by the Ordinance?

A: Yes, depending on the circumstances the sporting organisation may be a service provider, club and/or employer. See Service Providers Guidance Chapter 4- Service providers, Chapter 6- Clubs and associations and the Employment guide. 

Q: Will a club or association (such as a football club) be required to make reasonable adjustments to allow disabled individuals equal opportunity to participate?

A: All organisations that provide a service (including clubs and associations) should consider what can be done to improve the access to their service, and these changes should be made as long as it is not a disproportionate burden. Such as when an action is unreasonable due to expense, disruption, or other practical factors. See Service Providers Guidance Chapter 3 Reasonable adjustments.

Service providers

Q: As a service provider do I need to consider reasonable adjustments?

A: Yes, all service providers have a duty to consider how disabled people can access their service and to make reasonable adjustments to allow this whenever possible. Examples might be to improve access to the premises, consider how information can be provided in different formats or provide a quiet time for those with a sensory impairment to access the service. Where physical features are involved, the duty to make adjustments will not come in before 1 Oct 2028, and the requirement will be to remove or change the physical feature, find a way around the physical feature or provide the service in a different way. See See Service Providers Guide Chapter 3- Reasonable adjustments and  the implementation dates table. 

Q: Are hotels and guest houses accommodation providers?

A: No, they will be classified as service providers and potentially employers. See Service Providers Guide chapter 4 and the employment guide.

Q: Can a service provider refuse a service to someone with a history of not paying?

A: Yes, as this is not discrimination due to one of the Protected Grounds. See Service Providers Chapter 2- Protected Grounds

Q: Will the States need to ensure all roads and pathways are accessible to everyone? 

A: The States has a duty to consider making improvements on new work or when upgrading public highways. This policy is ongoing to ensure appropriate and achievable access improvements are undertaken.

Q: Do charities and the third sector organizations need to comply with the new law?

A: Yes they do, an organisation might be an employer, but also have responsibilities depending on the capacity in which they are acting (such as a provider of goods and services, accommodation or education provider or a club or association). See Employment guide and Service providers Guide Chapter 4- Service providers , Chapter 5 - education, Chapter 6 - Clubs and associations  and Chapter 7- accommodation.

Q: If part of a premises is accessible but another part is not, if the service provided can be offered in the accessible section, do you have to make it all accessible?

A: No, the service provider must consider how to offer their service and if it can be offered in the accessible part of the premises. See Service Providers Guide Chapter 3- reasonable adjustments.

Q: When a service is booked on line, should an alternative booking method be provided?

A: Service providers should consider how to meet the needs of all service users, so an alternative way to book should also be provided and promoted. See Service Providers Guide Chapter 3- reasonable adjustments.

Accommodation providers

Q: Can a landlord refuse to rent their property to a tenant who has a child/children? 

A: Yes, under the new Discrimination Ordinance it will still be lawful for a landlord to refuse to offer a tenancy, but it would be unlawful to refuse to rent a property to a family because one of the members has a disability - this would be discrimination by association. See Service Providers Guide Chapter 7 - Accommodation and Chapter 2- Protected Grounds

Q: Could a housing provider evict a person with learning disabilities on the grounds of their behaviour because there have been complaints from neighbours?

A: Yes, but the housing provider must be able to justify their actions and demonstrate they have attempted to find a remedy to the situation, and have considered reasonable adjustments otherwise this could be discrimination arising from disability. See Service Providers Guide Chapter 3- Reasonable Adjustments and Chapter 2- Protected Grounds

Q: When a tenant requires a reasonable adjustment to a residential rental property, who pays for this?

A: Landlords must pay for minor improvements, but other costs can be passed on the to individual. However, this duty to allow the tenant to make reasonable adjustments won’t come in until 1st October 2028. See Service Providers Guide Chapter 7 - accommodation.