Disability discrimination?

gussiefinknottle1 · August 27

Hello All,

I’m here to ask a question. My OH is a member of a sports club and pays for an annual membership. He was diagnosed with cancer last April. He asked whether he would qualify for a reduced membership fee for having cancer and was told “no” but as having a cancer diagnosis is classified as having a disability is this discrimination? I’m aware that this might not be the same as employment law.

Has anyone got knowledge on the law relating to private membership and disability discrimination?

bookrabbit · August 27

Some types of cancer are disabling some aren't.

yves · August 27

https://forum.scope.org.uk/discussion/138007/disability-discrimination

Hi Gussiefinknottke1,

I'm Sorry to hear this about your OH.

Im not sure about this, but it could be deemed as an unfair terms and conditions contract. Contact Macmillian cancer support as they offer free financial and legal support.

I hope you can get this sorted, it seems very mean and incentive of the gym to do this at such a worrying time.

HappyDays62 · August 27

I don't have any knowledge of this specifically, but if they offer discounts for disabled people, then it does seem to be breaching their own policy. You would need proof of the disability to access it (if they offer it).

The Sports and Equality Act says nothing about reduced fees, but more about making reasonable adjustments.

Littlefatfriend · August 27

It seems to me Happy Days 62 hits the nail on the head.

Do they otherwise offer reduced rates for people with disabilities? Surprisingly few sports clubs would be in a position to cater for people with disabilities. They sometimes therefore offer reduced rates because fewer services would be available from them for people with disabilities, it's a bid to encourage more people to join. That way they're making money.

A golf or cricket club (for example) might allow me to join and drink in their bar, but they wouldn't allow my wheelchair and I onto their course/pitch because we'd damage it. They'll have club rules that can justify that.

I'm confident that's the key, do they otherwise offer those rates. They'll need to have rules about that, and disability is virtually impossible to define in legal terms.

Good luck

gussiefinknottle1 · August 27

https://forum.scope.org.uk/discussion/comment/1062710#Comment_1062710

Hello bookrabbit, my oh has a rare form of blood cancer that we were told was tricky to treat as chemotherapy won’t cure it, and can only suppress it, they don’t know how long chemotherapy will continue to suppress the disease and the only other option is a bone marrow transplant that might not work, could lead to another type of blood cancer or that the original blood cancer could come back worse, and that the bone marrow transplant could also lead to being unalive. The specialist also said that chemotherapy might not do anything and that life expectancy in that case would be 18 months. In effect he’s living with cancer that is unpredictable.

Cancer of any type is a “monster” but as his treatments have taken his life over going to the club is his relief from the relentless terror of the “Sword of Damocles”

Incidentally there is at least one other person on Scope who has the same condition I had a brief brush with them months ago and haven’t been able to find them again.

Albus_Scope · August 27

Does the sports club offer reduced membership to disabled people?

If yes, then they should receive that reduction as cancer is classed as a disability.

If no reductions are offered to other disabled people, then no, they would not receive any discounts.

gussiefinknottle1 · August 27

To those who have commented.

yes they have disabled members and offer them discounted membership rates and they all participate as members they are not just supporters or spectators.

theme79 · August 28

the issue is that being a disabled person is not the same as being ill or have a disease or condition.

I have cancer and I am a disabled person since aged 5 and use a wheelchair and a ventilator 14hr out of 24hrs.

My friend has the same cancer but was/is not a disabled person since person and so he participates without any physical or other social access barriers.

So it isn’t the diagnosis or condition that gives you the identity as a disabled person but the level of impairment that may arise from your condition that means you face long standing and significant barriers to participation in society or the particular activity or place etc that is important.

Clearly this is a concept that so many people fail to grasp or understand- and it obviously like all issue around health, disability and social integration has grades and nuances of interpretation.

so I would think that if as someone else put the cancer itself or its treatment actually means you have significant impairments that prevent participation then you are a disabled person - and should get access as such - however if you have an illness that is not significantly causing barriers to participation and or it isn’t longstanding then you have an illness and are not really a disabled person .

rubin16 · August 28

I think the issue is theres no set definination of being disabled. It has always been impossible to prove what classes as a disability, and what makes a person disabled and not disabled. Theres no clear rule to follow to prove you have a disability in the UK, most proof relies on whether or not you have pip or a blue badge etc.

Surely theres a eligibility criteria you can look at to apply for a disabled discount. Most places want to see you are in receipt of PIP or any other evidence first.

Also just becuase you have a diagnosis, doesn't automatically mean your disabled. Its how badly conditions affect you. Thats why PIP and any other disability benefit doesn't award based on any diagnosis's. Just solely on how things affect you on a daily basis.

Albus_Scope · August 28

Cancer is automatically considered a disability under the Equality Act 2010 from the day of diagnosis, it doesn't matter what cancer or how it affects you. This means individuals with cancer are protected from discrimination and are legally entitled to support.

Disability discrimination?

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