Help with direct discrimination. Consumer vs employment

[elevenninety]

Hi,
Apologies as this will be a naive query.

I hoped someone might be able to advise on direct discrimination in the case of employment and those in private sector as a consumer.
To explain. I am trying to put together some information in regards to a direct discrimination case as a consumer but most information is in relation to employment tribunals. Can findings in employment tribunals be used as examples in consumer cases when interpreting the equality act?

Many thanks

[islandgirl]

I think most here will need some details. Can you give a rough overview of what has happened?

[elevenninety]

I think most here will need some details. Can you give a rough overview of what has happened?

At the moment I'm trying to find examples to two issues. To be clear, this was not a wish to take anyone to court, and discrimination was not considered a factor until the business attempted to provide explanation. It's a hope to better understand what has happened and what I can do.

The first is on the burden of proof.
I was provided a policy for reasons of how their service runs, in a request to halt a membership. My health had been declining and the business having many years of relationship with, are aware of my disability and I had been vocal about struggling with it leading up to my request, and had been offered support in a 'we are here for you, anything we can do' way. I accepted this as a policy applied to all clients. My health deteriorated and for most of this year I have been struggling with both the mental and physical aspects and been under care of the local care team. I learnt 7 months later, this policy had not been applied to another client and queried why and rather than being told about policies, the response was my personal circumstances were different. I did look at reasons, but the only factor I can see is my health. I've never had a problem with the business previous. They have refused to respond further on that point, stating it would be data protection to reveal the other clients reasons, for which I haven't asked. I've asked about my own.

I had also been removed from the online part of the group, again on policy, as all non attendees would be removed. I learnt earlier this month, I was the only one. There were at least 8 others who have confirmed they are not attending, including the client above, and haven't been removed. I don't know how I am supposed to provide their disability status to prove my case.

I have submitted a SAR request, but the business destroyed my data. They claimed I requested it, until I showed emails I didn't, and they responded no comment.

So I am not sure how I can provide beyond reasonable doubt if I don't have access to those clients data. I also don't think they made a decision thinking, I'm doing this because of her disability, I think they did this because of my circumstances that had come about because of my disability, but as all decisions are made on a whim by the director, by their admission, no consideration was given to this. And now I am being stonewalled.


The second is timing.

I must be able to prove that there was no way to raise this earlier and it seems it is supposed to be raised within 6 months. But as I wasn't told my circumstances were a factor, and this policy wasn't applied to this other client until 7 months later, I don't know how I could have possibly raised it earlier. Likewise, the group is closed, so until the business provided a number of fabrications and the data destruction, I had no reason either to think that this wasn't the case. It was then I did message a client to ask, and I hadn't communicated with any of them since my removal and was informed this was the case. I know the limitation act gives room for concealment of facts, but the impression I got was I was expected to know all this when the incidents first happened or research it in case they were lying to me which seems odd.

I don't want to be obtuse. But I genuinely don't understand it or why the business is going to such lengths to avoid the questions. I have had the EASS write to them, but they have not responded to the circumstances bit at all, rather offering another policy that I've since learnt doesn't exist on the page they say it came from.

So in short, I'm trying to find examples of cases that are a bit more complex in the burden of proof as discrimination quite often are, and where cases have been able to be brought if not all the information was provided at the time and most cases online seem to fall in the employment sector.

Thank-you for reading.

[islandgirl]

Thank you for explaining. One further question, what are you hoping to achieve? This is not my area but hopefuly others will be along with advice and will need to know. You say you do not wish to go to court (and therefore presumably there is no desire to seek "compensation").

[echat11]

Here's some information, there will be cases regarding direct descrimination.

Check - https://www.bailii.org/form/search_cases.html

https://www.citizensadvice.org.uk/co...-and-services/

https://www.equalityhumanrights.com/...bled-customers