Firstgroup Plc v Paulley

Firstgroup Plc v Paulley

It is not a reasonable adjustment under the Equality Act 2010 to require a bus company to compel non-wheelchair users to vacate the wheelchair space or leave the bus, as the company lacks legal powers to enforce such a requirement and such a policy would be unworkable and disproportionate. The duty to make reasonable adjustments is satisfied by requesting non-wheelchair users to move, supported by appropriate signage and driver training.

Parties
Appellant: FirstGroup PLC; Respondent: Doug Paulley
Jurisdiction
England and Wales
Judgment Date
08 December 2014
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
appeal allowed
Legal Topics
Reasonable Adjustments, Disability Discrimination, Public Transport Accessibility, Service Provider Duties
Equality Law Transport Law Disability Rights Reasonable Adjustments Disability Discrimination Public Transport Accessibility Service Provider Duties

Case Brief

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Parties

FirstGroup PLC

Appellant

Doug Paulley

Respondent

Procedural Posture

Civil Appeal / 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
  2. 2 Whether the company's policy constitutes a failure to make reasonable adjustments for disabled persons

Ratio Decidendi

It is not a reasonable adjustment under the Equality Act 2010 to require a bus company to compel non-wheelchair users to vacate the wheelchair space or leave the bus, as the company lacks legal powers to enforce such a requirement and such a policy would be unworkable and disproportionate. The duty to make reasonable adjustments is satisfied by requesting non-wheelchair users to move, supported by appropriate signage and driver training.

Court Disposition

appeal allowed

Orders

  • The appeal is allowed; the judgment against FirstGroup is set aside.