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Course: Supporting Vulnerable Customers in Prope...
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Supporting Vulnerable Customers in Property Transactions – England

Text lesson

Lesson 5 – Disability Discrimination

5.1 Understanding disability

The Equality Act 2010 contains a legal definition of disability. Employees should not attempt to make final legal or medical determinations themselves.

A disability may be:

  • Physical;
  • Mental;
  • Visible;
  • Non-visible;
  • Permanent;
  • Long-term;
  • Fluctuating; or
  • Managed through medication or support.

Examples may include conditions affecting:

  • Mobility;
  • Vision;
  • Hearing;
  • Communication;
  • Memory;
  • Concentration;
  • Learning;
  • Mental health;
  • Dexterity; or
  • Stamina.

Not every vulnerable customer is disabled, and not every disabled customer considers themselves vulnerable.

5.2 Forms of disability discrimination

Disability discrimination may involve:

  • Direct discrimination;
  • Indirect discrimination;
  • Discrimination arising from disability;
  • Failure to make reasonable adjustments;
  • Harassment; or
  • Victimisation.

5.3 Discrimination arising from disability

This may occur where a disabled person is treated unfavourably because of something arising from their disability rather than simply because they are disabled.

Example

A customer requires longer appointments because of a condition affecting communication. The employee cancels the customer’s appointment because it is taking longer than usual.

The treatment relates to something arising from the disability—the need for additional time.

Specialist advice may be needed when considering whether particular treatment can be objectively justified.

5.4 Avoiding assumptions

Employees should not assume that a disabled customer:

  • Cannot make decisions;
  • Needs a family member to speak for them;
  • Cannot afford a property;
  • Cannot work;
  • Cannot live independently;
  • Will damage a property;
  • Presents a greater tenancy risk; or
  • Requires the same support as another person with a similar condition.

5.5 Ask about the barrier

The best starting point is usually:

“Is there any adjustment or assistance that would make the process more accessible for you?”

This focuses on the customer’s needs without demanding unnecessary medical information.

Lesson 5 key point

Disability should not be treated as evidence of incapacity, unsuitability or increased risk.