In our previous blog, we discussed damages for injury to feelings under the Equality Act 2010 (EA 2010) and the Vento Bands in the context of employment. They also apply to cases in relation to the provision of services. As explained in the previous blog, there are three main bands:
- The low band, which applies to ‘less serious cases’ where the act of discrimination is a one-off or isolated occurrence;
- The middle band applies to serious cases that do not fall within the higher band; and
- The higher band applies to the most serious cases, for example, where there has been a lengthy campaign of discrimination and/or harassment.
When deciding which Vento band is appropriate, the Court considers all of the relevant facts of the case.
Plummer v Royal Herbert Freehold Limited [2018]
Background
The Claimant suffers from multiple sclerosis and purchased a luxury flat with his wife in 2010 that was managed by the Defendant. They made the purchase on the basis that he would have access to all of the facilities within the Royal Herbert Pavilions including a swimming pool, a jacuzzi, a gym, a sauna, etc.
Due to the Claimant’s disease, swimming was one of the few activities which could be enjoyed independently and safely. However, he had difficulty accessing the swimming pool because it was located in the basement and there was a staircase to the basement. He asked the Defendant to arrange reasonable adjustments to allow him to have better and safer access to the leisure club to use the swimming pool, but the request was rejected. The Defendant also sent a survey to all of the residents asking for their opinion on the Claimant’s request for adjustments.
Decision
The Court found that the Defendant breached its duty as a service provider to make reasonable adjustments for people with disabilities. They also indirectly discriminated against the Claimant because they would only undertake work that benefitted all of the residents, which placed people with disabilities at a particular disadvantage.
In respect of the survey sent by the Defendant, the Court found it to be humiliating and demeaning as:
‘it simply reinforced existing prejudices and… should never have been circulated. It was used by the Board [of the Defendant] to justify its unreasonable stance in circumstances where it knew very well what the outcome was likely to be.’
The Court found the middle Vento band to be more appropriate due to the seriousness of the matter and awarded Mr Plummer £9,000 in damages for injury to feelings. When making this decision, the Court considered the following aggravating factors:
- The fact that the Claimant moved into the property in 2010 and had to ensure the hardship for 8 years before adjustments were made; and
- The implacable attitude and approach of the Defendant.
How can Nelsons help?
Ronny Tang is an Associate in our expert Dispute Resolution team, specialising in defamation claims, contentious probate and inheritance claims, Trusts of Land and Appointment of Trustees Act 1996 claims, Equality Act 2010 claims and Protection From Harassment 1997 claims.
If you need any advice concerning the subject discussed in this article, please do not hesitate to contact Ronny or another member of the team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online enquiry form.
Contact us