Royal Bank of Scotland Group Plc v Allen

Royal Bank of Scotland Group Plc v Allen

The Bank discriminated against the claimant by failing to make reasonable adjustments to provide physical access to its main branch, as required under section 21(2) of the Disability Discrimination Act 1995. The alternative methods offered were not reasonable substitutes for physical access, and the Bank's justification for not installing a platform lift was insufficient.

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 / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Reasonable Adjustments, Access to Services, Disability Discrimination Act, Service Provider Obligations
Disability Discrimination Banking Law Reasonable Adjustments Access to Services Disability Discrimination Act Service Provider Obligations

Case Brief

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Parties

The Royal Bank of Scotland Group PLC

Appellant/defendant

David Allen

Respondent/claimant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Bank failed to make reasonable adjustments for a disabled customer under section 21(2) of the Disability Discrimination Act 1995
  2. 2 Whether alternative methods provided by the Bank constituted reasonable alternatives to physical access
  3. 3 Whether the Bank's failure to install a platform lift was justified

Ratio Decidendi

The Bank discriminated against the claimant by failing to make reasonable adjustments to provide physical access to its main branch, as required under section 21(2) of the Disability Discrimination Act 1995. The alternative methods offered were not reasonable substitutes for physical access, and the Bank's justification for not installing a platform lift was insufficient.

Court Disposition

appeal dismissed

Orders

  • Damages of £6,500 for injury to feelings to the claimant stand
  • Bank ordered to install a platform lift in accordance with the Owen solution