Firstgroup Plc v Paulley [2014] EWCA Civ 1573 (08 December 2014)

Firstgroup Plc v Paulley [2014] EWCA Civ 1573 (08 December 2014)

A bus company is not required by the Equality Act 2010 to compel non-wheelchair users to vacate the wheelchair space for wheelchair users; a policy of requesting, but not requiring, non-wheelchair users to move is a reasonable adjustment. The law does not empower drivers to enforce such a requirement, and requiring them to do so would be impractical, potentially unlawful, and could cause disproportionate disruption to other passengers.

Citation
[2014] EWCA Civ 1573
Parties
Appellant: FirstGroup PLC; Respondent: Doug Paulley
Jurisdiction
England and Wales
Judgment Date
08 December 2014
Procedural Posture
Appeal (civil) / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Reasonable Adjustments, Public Service Provision, Wheelchair Access, Equality Act 2010, Disability Rights, Public Transport Policy
Equality Law Disability Discrimination Transport Law Reasonable Adjustments Public Service Provision Wheelchair Access Equality Act 2010 Disability Rights +1 more

Case Brief

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Parties

FirstGroup PLC

Appellant

Doug Paulley

Respondent

Procedural Posture

Appeal (civil) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a bus company must require non-wheelchair users to vacate the wheelchair space for wheelchair users, or if requesting is sufficient under the Equality Act 2010 duty to make reasonable adjustments.
  2. 2 Whether FirstGroup's policy of requesting but not requiring non-wheelchair users to vacate the wheelchair space constitutes a failure to make reasonable adjustments under the Equality Act 2010.

Ratio Decidendi

A bus company is not required by the Equality Act 2010 to compel non-wheelchair users to vacate the wheelchair space for wheelchair users; a policy of requesting, but not requiring, non-wheelchair users to move is a reasonable adjustment. The law does not empower drivers to enforce such a requirement, and requiring them to do so would be impractical, potentially unlawful, and could cause disproportionate disruption to other passengers.

Court Disposition

Appeal allowed

Orders

  • Judgment of the lower court set aside; FirstGroup not required to compel non-wheelchair users to vacate the wheelchair space.