An Analysis of the Service Provider’s Legal Duty to Make Reasonable Adjustments: The Little Mix Saga

Abstract

The recent dispute between a mother and organisers of a Little Mix concert is a controversial issue for the entertainment industry. Although the Supreme Court decision in Paulley v FirstGroup plc 2017 UKSC 4 has attempted to clarify this duty placed on service providers, the law still remains unclear whether this service involves access to an experience enjoyed by non-disabled individuals. It is argued that this is partly due to the legal uncertainty of the reasonable adjustment duty contained in the Equality Act 2010. This intervention will discuss the dispute in detail as it leaves service providers unclear as to what is, and is not, a reasonable adjustment for the purposes of discharging their legal duty to make reasonable adjustments under the Equality Act 2010. Any ruling in this case might clarify the nature of the duty and the extent to which an organiser is required to make reasonable adjustments for disabled individuals where the core service is an ‘experience’. How far this duty extends remains uncertain. The author will consider how the failure to make reasonable adjustments may in some cases exclude disabled service users from mainstream activities enjoyed by non-disabled individuals. Theoretical models used to explain disability will also be explored to assist in understanding the duty owed by a service provider.