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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I ordered a product online. When the delivery arrived,

Customer Question

Hi,
I ordered a product online. When the delivery arrived, I told the man that I would need his assistance bringing it inside as I have a disability that would prevent me from doing so myself. The delivery man denied stating company policy. Did the company discriminate against me under the Equality Act 2010?
Submitted: 9 months ago.
Category: Law
Expert:  Ash replied 9 months ago.
Hello my name is ***** ***** I will help you.Have you spoken to the delivery company about this? What was the item please?Alex
Customer: replied 9 months ago.
The item was a sofa chair. I have not spoken about it with the delivery company. But I have been in correspondence with the seller who said the following: "Please be advised that due to restrictions with their insurance, the courier will only be able to deliver to your front door or the main entrance to the building should you live in a flat, and will not be able to take this any further".
Expert:  Ash replied 9 months ago.
Thank you. This may not be a breach. It may be for a number of reasons it wont taken inside for you. You could make an allegation that he assaulted you or said something in appropriate, it could be alleged the driver broke something in the property, it could be said he stole something etc.There could be lots of reasons if the company had a rule saying they do not do this as a matter of policy it may not be a breach.However if it indirectly discriminates against disabled people, it may be a breach of the Equality Act 2010.You should complain to the company direct and see what their position is. If you are not satisfied then you can complain to the Equality Commission who can investigate your complaint for free.They are based at: http://www.equalityhumanrights.com/Can I clarify anything for you about this today please?Alex
Customer: replied 9 months ago.
The only reason stated by the driver was a lack of adequate cover by their insurance. He was otherwise understanding and prepared to help. If this can be used as an excuse not to accommodate disabled people, then a lot of disabled people would be adversely affected by this practice in their day to day life. Would their failure to obtain an insurance that accommodates disabled people as required under the Equality Act 2010 not constitute an indirect disability discrimination under that Act? Also don't the insurance provider as well as the seller do indirect discrimination? If so, then is it possible to get a prohibiting order from a court?
Expert:  Ash replied 9 months ago.
It depends at what cost. If the insurance is double if one enters property then it's not unreasonable for them to turn it down.If you want to seek an injunction you can. This Can be done by completing form n1http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdfThe court will list the matter for hearing and decide whether to make an order.If the court does and they breach it this is contempt of court where they can be warned, fined or sent to prison.
Expert:  Ash replied 9 months ago.
Can I clairfy anything else for you?Alex
Customer: replied 9 months ago.
It looks like to me that if the insurer charges unreasonable premium just because only in rare instances the driver may have to enter a building to accommodate disabled people, then they do indirect discrimination as well? Or is it the case that in this case the insurer is solely responsible and not the delivery company?
Expert:  Ash replied 9 months ago.
It's not just that. It's a higher risk in case someone says they have been assaulted, something taken or damaged.That may be the reason. I am only assuming this is the case which is why you need to take it up with the company.
Expert:  Ash replied 9 months ago.
Does that clairfy?Alex
Customer: replied 9 months ago.
I'll take this issues to the company and see what they say, and then get back to you. Thanks.
Expert:  Ash replied 9 months ago.
good luck.Alex
Expert:  Ash replied 9 months ago.
If this answers your question could I invite you rate my answer before you leave today.If you don't rate then the site does not pay me for the time I have spent answering your question.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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