On 19 July 2013, the Claimant attempted to visit Piccolo Restaurant, owned by the Defendant. There were steps at the front door which meant he was unable to enter the building. When he asked for a ramp, he was told that none were available. He was invited to eat in the outside area as there was no wheelchair access.
The Claimant issued proceedings seeking a declaration that he was discriminated against, and damages for injury to his feelings. The Defence filed by Keaz Ltd was on the basis that all reasonable steps had been taken to accommodate the use of the premises by those with a disability.
The Judge found that there had been a “complete absence” by the Defendant to consider the needs of disabled people when they had renovated their premises. “Simple adjustments could probably have avoided the problems by means of ramps or lifts and certainly adjustment to the premises”. The Judge held that the Claimant had been unlawfully discriminated against and was entitled to compensation for the injury to his feelings and the stress caused by the incident.
When assessing the damages, the Court took into account a number of factors including the distress caused to Mr Fogerty on the night in question.
This case is a clear warning that businesses need to look at things from the other person’s perspective. A simple ramp seemed obvious to Mr Fogerty – and also seemed obvious to the Court.
The Court was not impressed by the Restaurant’s assumption that people in wheelchairs could simply be left outside to eat.
