Page 10 - ALG Issue 4 2021

legal matters
Equality Law: What is the impact for Allotment Associations?
The Equality Act 2010 came into force on the 1st October 2010
HOW DOES EQUALITY LAW APPLY TO ORGANISATIONS?
In equality law an ‘Association’ is any group of 25 or more members, which has rules to control how someone becomes a member, involving a genuine selection process.
The rules may be written down, like a constitution, or may be unwritten. It does not matter if the Association is run for profit or not, or if it is legally incorporated or not.
WHAT MUST ASSOCIATIONS DO TO ENSURE THEY COMPLY WITH EQUALITY LAW?
Be aware of the protected characteristics, which include:
not unlawfully discriminated against, harassed or victimised in accessing
the site, facilities or their plot. The Association, where self-managing
the site, must make reasonable adjustments. It is vital that the officers have the conversation with any disabled person on the site.
The committee and officers are at the heart of the Association and therefore anyone who comes into contact with members or guests to the site must ensure that everyone is treated with dignity and respect.
When providing written information as part of your service, the Association must not discriminate, harass or victimise people because of a protected characteristic in:
person can use the allotments as close as reasonably possible to the standard usually offered to non-disabled people. When a duty arises, the Association would be under a positive and proactive duty to take steps to remove or prevent these obstacles.
With regard to allotment associations renting out land, the duty is not anticipatory. The duty only arises if the allotment association committee are requested to make an adjustment.
Many of the adjustments you can make will not be excessively expensive and the Association would only be required to do what is reasonable and to establish this fact; this will depend on the size and nature of your organisation and the service provided.
When deciding whether an adjustment is reasonable, you can consider:
• How effective the change will be in
assisting the disabled person
• Whether it can actually be carried
out
• The cost to the Association
• The Association’s resources and size
The overall aim should be as far as reasonably possible to remove any disadvantage. The Association will need to consider whether the adjustment is practicable; the easier the adjustment, the more likely it is to be reasonable. Some things may be difficult but
that does not mean it would not be reasonable There needs to be a balance of all factors.
WHERE THE ASSOCIATION RECEIVES A COMPLAINT
Where a member makes a complaint about discrimination, the Association will need to find out as much as possible. You will need to make a realistic assessment about what has been done or not that could amount to unlawful discrimination, harassment or victimisation.
If you feel at this point you need further assistance about equality law regarding what has happened in your Association, then, if you are a member of the National Allotment Society, we may be able to assist you further, prior to the Association conducting an investigation into any complaint.
Liz Bunting
Legal and Operations Manager
• Age • • Disability • • Gender
reassignment • • Pregnancy and •
maternity
Race Religion or belief
Sex Sexual orientation
• •
What the information itself says The way it is provided
WHAT IS UNLAWFUL DISCRIMINATION?
You must not treat a member, associate member or guest worse than someone else, just because of a protected characteristic, otherwise this could amount to ‘direct discrimination’.
You must not do something to a member, which has or would have, a worse impact on them and on other people who share a particular protected characteristic, than on people who do not share that characteristic. This is unless you can show that what you have done is objectively justified; otherwise, this would be ‘indirect discrimination’.
WHAT YOU NEED TO CONSIDER
You cannot wait until a disabled person wants to use your services; you should consider every aspect of your site including:
• How people enter the site
• How they find their way around
• What signs you provide
• How the committee communicate
with the members
With regard to the tenancy of the land, you need to ensure that members, future members and guests with one of the above protected characteristics, are
It may be appropriate when providing written information to think about alternative formats, such as braille or on CD or electronically.
HOW CAN THE ASSOCIATION REDUCE THE RISK THAT YOU WILL BE HELD LEGALLY RESPONSIBLE? The Association can reduce the risks if equality law is discussed with the managing committee to ensure that unlawful discrimination, harassment or victimisation is avoided within the management of the site.
This does not just apply to situations where you are dealing face-to-face but also how the Association are managing the site, also how you plan what happens. Therefore, when delivering your services, you need to ensure that your decisions, rules and ways of doing things are not:
• Direct discrimination
• Indirect discrimination that you
cannot objectively justify
• Discrimination arising from disability
that you cannot objectively justify • Harassment
The Association needs to consider reasonable adjustments for any disabled persons on site have been considered. Also, that all members of the managing committee are aware how equality law applies to what they are doing.
REASONABLE ADJUSTMENTS
This duty aims to ensure that a disabled
You cannot wait until a disabled person wants to use your services; you should consider every aspect of your site
10 Allotment and Leisure Gardener