Royal Bank of Scotland Group Plc v Allen [2009] EWCA Civ 1213 (20 November 2009)

Royal Bank of Scotland Group Plc v Allen [2009] EWCA Civ 1213 (20 November 2009)

The Bank's failure to install a platform lift at its main branch, thereby denying Mr Allen physical access to face-to-face banking services available to non-disabled customers, constituted unlawful discrimination under section 19(1)(b) and a breach of the duty to make reasonable adjustments under section 21(2) DDA. The alternatives offered did not provide access to services to the same standard, and the loss of one interview room was not a sufficient justification.

Citation
[2009] EWCA Civ 1213
Parties
Appellant/defendant: The Royal Bank of Scotland Group PLC; Respondent/claimant: David Allen
Jurisdiction
England and Wales
Judgment Date
20 November 2009
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Reasonable Adjustments, Physical Access to Services, Disability Discrimination Act 1995, Service Provider Obligations, Remedies for Discrimination
Disability Discrimination Banking Law Civil Procedure Reasonable Adjustments Physical Access to Services Disability Discrimination Act 1995 Service Provider Obligations Remedies for Discrimination

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Parties

The Royal Bank of Scotland Group PLC

Appellant/defendant

David Allen

Respondent/claimant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the Bank failed to make reasonable adjustments under section 21(2) of the Disability Discrimination Act 1995
  2. 2 Whether the Bank's failure to provide physical access to its main branch constituted unlawful discrimination under section 19(1)(b) DDA
  3. 3 Whether alternative methods of service provision discharged the Bank's statutory duty

Ratio Decidendi

The Bank's failure to install a platform lift at its main branch, thereby denying Mr Allen physical access to face-to-face banking services available to non-disabled customers, constituted unlawful discrimination under section 19(1)(b) and a breach of the duty to make reasonable adjustments under section 21(2) DDA. The alternatives offered did not provide access to services to the same standard, and the loss of one interview room was not a sufficient justification.

Court Disposition

Appeal dismissed

Orders

  • The Bank to install a platform lift in accordance with the Owen solution by 30 September 2009
  • Damages of £6,500 for injury to feelings to be paid to Mr Allen