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Road traffic – Stage carriage. The claimant wheelchair user had issued proceedings alleging unlawful discrimination on grounds of disability against the defendant bus company as he had been unable to board a bus due to the wheelchair space being occupied by a woman with a pram who had refused to move when requested to do so by the driver. The recorder found that the defendant's policy was a 'provision criterion or practice' (PCP) which had placed the claimant at a substantial disadvantage by comparison with non-disabled bus passengers and there had been reasonable adjustments that the defendant could have made. The Court of Appeal, Civil Division, allowed the defendant's appeal. The revised PCP proposed by the recorder, which would have required compelling non-disabled passengers to move from the wheelchair space or be removed from the bus, had been neither practical nor effective.
Road traffic – Stage carriage. The claimant wheelchair user had issued proceedings alleging unlawful discrimination on grounds of disability against the defendant bus company as he had been unable to board a bus due to the wheelchair space being occupied by a woman with a pram who had refused to move when requested to do so by the driver. The recorder found that the defendant's policy was a 'provision criterion or practice' (PCP) which had placed the claimant at a substantial disadvantage by comparison with non-disabled bus passengers and there had been reasonable adjustments that the defendant could have made. The Court of Appeal, Civil Division, allowed the defendant's appeal. The revised PCP proposed by the recorder, which would have required compelling non-disabled passengers to move from the wheelchair space or be removed from the bus, had been neither practical nor effective.
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