Most of us use online services such as banking, travel and social media everyday with little thought as to how we can access or use them. However, this isn’t the case for many users, including employees.
The Disability Discrimination Act 1995 legislation, which previously provided protection against direct discrimination, has been updated to the Equality Act 2010 (except Northern Ireland). The Equality Act became legal on 6 April 2011, and changes the law to brings disability, sex, race, and other types of discrimination under one piece of legislation.
One major change is that the Equality Act 2010 now includes perceived disability and in-direct discrimination, making it easier for claimants to bring successful legal proceeding against businesses and public bodies.
What it means
The Equality Act essentially means that all public bodies or businesses providing goods, facilities or services to members of the public, including employees (For example: retail, HR, and councils) must make fair and reasonable adjustments to ensure services are accessible and do not indirectly discriminate. Being fair and reasonable means taking positive steps to ensure that disabled people can access online services. This goes beyond simply avoiding discrimination. It requires service providers to anticipate the needs of disabled customers.
Benefits of compliance
UK retailers are missing out on an estimated £11.75 billion a year in potential online sales because their websites fail to consider the needs of people with disabilities (Click-Away Pound Survey 2016).
In addition, 71% (4.3 million) of disabled online users will simply abandon websites they find difficult to use. Though representing a collective purchasing power of around 10% of the total UK online spend, most businesses are completely unaware they’re losing income, as only 7% of disabled customers experiencing problems contact the business.
How to comply with the Equality Act
The best way to satisfy the legal requirement is to have your website tested by disabled users. This should ideally be undertaken by a group of users with different disabilities, such as motor and cognitive disabilities, and forms of visual impairment. Evidence of successful tests by disabled users could be invaluable in the event of any legal challenge over your website’s accessibility.
The World Wide Web Consortium (W3C), is the international organisation concerned with providing standards for the web, and publishes the Web Content Accessibility Guidelines 2.0 (WCAG 2.0), which are a good indicator of what standard the courts would reasonably expect service providers to follow to ensure that their websites are accessible.
WCAG provides three ‘conformance levels’. These are known as Levels A, AA and AAA. Each level has a series of checkpoints for accessibility – known as Priority 1, 2 and 3 checkpoints. Public bodies such as the government adhere to Priority 2 – Level AA accessibility as standard.
According to these standards, websites must satisfy Priority 1 – Level A, satisfying this checkpoint is a basic requirement and very easy to implement. Priority 2 – Level AA, satisfying this checkpoint will remove significant barriers for customers. Finally, Priority 3 – Level AAA, is the highest level of accessibility and will ensure most disabled customers can access services, and requires specific measures to be implemented.
Read the Equality act 2010 quick start guides to find out more about how this affects you.