Disability discrimination?

[Tombboy]

Hi all,
I’m after some advice if that’s okay?

I’m a disabled golfer and I’ve been a member of my current golf club for 18 months now. I use my own personal buggy to play because of my very limited mobility (poor gas exchange in lungs which causes severe pain and breathlessness). I abide by the club caveats of insurance and a maintenance schedule for the buggy. Up until yesterday I have been enjoying my golf here. There have been the odd days over the winter where the club have put a buggy ban in place, which was understandable given the weather. I feel that I am sensible in that respect. I have been caught in boggy ground previously and it’s a little scary to say the least.
I received a letter yesterday from my golf club stating that from November 1st the use of all personal buggies is prohibited. This was in the grounds of H&S and wanting to keep the course in optimum condition.
Their alternative arrangement was for me to hire a GPS restricted ‘medical’ buggy at an additional cost of £20 per round. I play 3 times a week and I have already gone to great expense in paying for the buggy. Yearly insurance and additional maintenance in order to ‘walk the course’ so to speak. To suddenly face the prospect of an additional £60 a week seemed extortionate.
Obviously I questioned this with regard to possible discrimination and pointed out that The use of a buggy for me is a necessity, not a luxury. In response, the club offered me to use my own buggy, but I would have to have one of their GPS limiters fitted at a considerable additional expense. This option would also limit my golf buggy to only operating at this particular golf club, as it would not function outside of the GPS boundaries.
I completely understand the need to protect the course, but I simply cannot see how a golf club can expect a disabled golfer to accept an additional cost in order to enjoy the same privilege as an able-bodied club member. To me, this is a cut and dried case of direct discrimination.
Can anyone offer any advice on what to do please?

 

[rulefan]

I would contact a discrimination specialist lawyer.

 

[PhilTheFragger]

It all sounds very authoritarian and considering your circumstances, very OTT

You have stated that you agree with buggy bans during extreme weather, so to ban you or make you incur considerable extra expence, when the weather is not extreme, does sound unfair and discriminatory.

What type of club is it? Members club?
First thing to do is to make a case to the committee, hopefully they will see sense. and grant an exemption for medical use, limited in extreme weather.

Unfortunately, the next steps after that, will result in a breakdown of the relationship between the club and yourself
ie Going to County, getting a solicitor involved, local press etc, all these things will make the club look bad and you will become public enemy no 1.

are there any other course options?

Good luck

 

[Tombboy]

It all sounds very authoritarian and considering your circumstances, very OTT

You have stated that you agree with buggy bans during extreme weather, so to ban you or make you incur considerable extra expence, when the weather is not extreme, does sound unfair and discriminatory.

What type of club is it? Members club?
First thing to do is to make a case to the committee, hopefully they will see sense. and grant an exemption for medical use, limited in extreme weather.

Unfortunately, the next steps after that, will result in a breakdown of the relationship between the club and yourself
ie Going to County, getting a solicitor involved, local press etc, all these things will make the club look bad and you will become public enemy no 1.

are there any other course options?

Good luck

It’s a members only club. I’ve already requested the cancellation of my membership and pro rata refund of my fee, which is being processed.
My concern is that disabled people are facing additional financial cost in order to be afforded the same privilege as an able-bodied golfer. I have looked at both the Equality Act and the Disability Discrimination Act and and there’s no legal requirement of the club to adhere to the expected requirements. What it does mean though if that if members can afford to sue them, then they’ll win every time, particularly if they have admittance in writing, such as my case.
But I think I’ll take the pragmatic route and just join another club without fussing. I don’t have the funds up front to see this through.

 

[Tombboy]

I would contact a discrimination specialist lawyer.

Unfortunately, that’s beyond my financial means. Tempting though, as I have everything in writing.

 

[upsidedown]

Hopefully your new club will have a buggy policy that is more in keeping with the recommendations from England golf , https://www.englandgolf.org/resource-detail/policies-and-procedures.

It's always a contentious issue as the ground gets wetter but clubs need to make reasonable adjustments ( buggy routes, certain drier holes open for buggies etc ) so all golfer can continue to play. However there will come a time when conditions dictate that due to H & S risk assessments it will be necessary to "ban buggies"

 

[Mel Smooth]

It's a tough one isn't it?

I often see personal buggies out on the course at Dewsbury which is very hilly, and very muddy through winter - I'm amazed when I see them out as it cannot be safe for the user.

Complaining about having an increased burden of expense to allow you to play (GPS retro fitted to your buggy) when you need a buggy at your expense to allow you to play might have some holes in that argument.

 

[RichA]

I don't understand what you're seeking advice to do if you've already cancelled your membership.

I really sympathise. What you are describing stinks. They're insisting that you pay to install their geofencing GPS on your privately owned buggy? There is no necessity for that if they simply explain the boundaries to you with contravention equalling withdrawal of your privileges. They are the ones with a responsibility under the law to make a reasonable adjustment and they are actually adding a barrier.

Obviously, the above is only relevant if your condition meets the criteria of a disability under the Equality Act.

 

[Slab]

It’s a minor (& it appears by later posts) moot point, but the gps limiter buggies I’ve used can still have the feature switched off-on so that the cart can be taken outside the boundaries, so it shouldn’t prevent its use elsewhere

Hope you find another course close by that you can enjoy

 

[inc0gnito]

So they will allow your buggy, but only if you get a gps restrictor installed? Does that mean you can only go certain places on the course? Why not just give you a map with your boundaries drawn on it?

 

[Hobbit]

Personally, if I’d decided to leave I’d just join elsewhere and get on with enjoying life. Why take on the stress of it all? Put your energies into integrating into your new place.

 

[rudebhoy]

If it’s a blanket ban from Nov 1st, presumably there are other members who are in the same boat as you? How have they reacted? Are they also planning to leave?

 

[Neilds]

I always find these kind of things difficult. Are you being discriminated against because of your condition? I would say no as the policy is for everyone not just those with disabilities. This does not mean you are heavily inconvenienced but the club could argue that they have put in place reasonable adjustments by providing alternative buggies,albeit at an additional cost.
Things like this are never black and white and are usually a legal minefield.

 

[irip]

I always find these kind of things difficult. Are you being discriminated against because of your condition? I would say no as the policy is for everyone not just those with disabilities. This does not mean you are heavily inconvenienced but the club could argue that they have put in place reasonable adjustments by providing alternative buggies,albeit at an additional cost.
Things like this are never black and white and are usually a legal minefield.

I agree with this.
If the club didn’t ban buggies and someone had an accident they might sue the club for negligence on health and safety grounds.
Are you being discriminated against if the ban applies to everyone?
It sounds like the club have tried to find a solution, even if in your opinion they haven’t got it right.
Did you ever discuss it with whoever made the decision and try and come to a resolution which may of suited both parties?

 

[RichA]

I agree with this.
If the club didn’t ban buggies and someone had an accident they might sue the club for negligence on health and safety grounds.
Are you being discriminated against if the ban applies to everyone?
It sounds like the club have tried to find a solution, even if in your opinion they haven’t got it right.
Did you ever discuss it with whoever made the decision and try and come to a resolution which may of suited both parties?

He hasn't said that the club has banned buggies. He says that the club has banned his buggy and is insisting that he pays extra to hire one of their buggies. It's not about an obvious common sense blanket restriction for particularly inclement weather.

It's worth checking the legislation, as that does not fall within the definition of a reasonable adjustment.

Forget that it's a golf course for a second and imagine if a supermarket chain banned disabled customers from using their own accessibility equipment while shopping and demanded that they pay extra to hire something from the supermarket for their visit. It wouldn't happen.

The golf club is a business and has responsibilities under the law which it is hopefully just misunderstanding.

 

[mister v]

its a shame that you've had to cancel your membership, Hopefully you can move to a club that's more accommodating to your needs
Good luck

 

[irip]

He hasn't said that the club has banned buggies. He says that the club has banned his buggy and is insisting that he pays extra to hire one of their buggies. It's not about an obvious common sense blanket restriction for particularly inclement weather.

It's worth checking the legislation, as that does not fall within the definition of a reasonable adjustment.

Forget that it's a golf course for a second and imagine if a supermarket chain banned disabled customers from using their own accessibility equipment while shopping and demanded that they pay extra to hire something from the supermarket for their visit. It wouldn't happen.

The golf club is a business and has responsibilities under the law which it is hopefully just misunderstanding.

I have misunderstood I thought it was a ban on all buggies during bad weather.
If it is a ban on only his buggy then that is not acceptable.
I thought it was a blanket ban on all buggies for health and safety.
I do apologise

 

[Neilds]

He hasn't said that the club has banned buggies. He says that the club has banned his buggy and is insisting that he pays extra to hire one of their buggies. It's not about an obvious common sense blanket restriction for particularly inclement weather.

It's worth checking the legislation, as that does not fall within the definition of a reasonable adjustment.

Forget that it's a golf course for a second and imagine if a supermarket chain banned disabled customers from using their own accessibility equipment while shopping and demanded that they pay extra to hire something from the supermarket for their visit. It wouldn't happen.

The golf club is a business and has responsibilities under the law which it is hopefully just misunderstanding.

It wouldn't happen because they are totally different scenarios and trying to draw comparison is just plain daft. You do not have wet slopes, muddy ground, areas that need protecting, etc in a supermarket. As I previously said, it is never black and white in these situations, despite people trying to make it so.

 

[RichA]

I have misunderstood I thought it was a ban on all buggies during bad weather.
If it is a ban on only his buggy then that is not acceptable.
I thought it was a blanket ban on all buggies for health and safety.
I do apologise

Thanks, but no apology was necessary. We're just chatting.

 

[D-S]

There should be some sort of compromise available here somewhere.
For example our buggies are geo fenced but this can be an issue as users end up being stranded.
Instead we have a list of authorised buggy users who have all had a meeting with the Head Greenkeeper who has explained and ,in a few circumstances shown them, the preferred routing for buggies to minimise course damage. Typically this involves driving the opposite way to where players walk e.g. to the right of the green, a longer way, to the next tee rather than the left which is closest and has more wear and therefore will be more damaged if buggies take this route as well.
This knowledge means that we can make the course more available to these buggy users than otherwise is the case - this was well received by them as they both want access to the course in the winter and don't want to damage it.