What is disability

The Equality Act 2010 defines a disability as a physical or mental impairment that has a substantial and long-term adverse effect on a persons ability to carry out normal day-to-day activities ^{(1) (2)}.

In order for a person to be accompanied by an assistance dog, they must have a disability. Please remember that not all disabilities are visible and that a persons disability is their private medical information.

What is an auxiliary aid

An auxiliary aid is a anything that prevents a disabled person from being disadvantaged ⁽³⁾. There are lots of different types of auxiliary aids that disabled people may utilise, such as a wheelchair or specialist computer. Auxiliary services, such as a BSL interpreter, are also a type of auxiliary aid.

Assistance dogs are auxiliary aids because they help disabled people overcome disadvantage(s).

Types of discrimination

It is unlawful to discriminate against a disabled person. The law sets out four types of disability discrimination.

Direct discrimination –  Treating someone less favourably because of their disability or perceived disability ⁽⁴⁾. Example: Refusing to serve all disabled people.

Discrimination arising from disability – Treating someone less favourable because of something related to their disability ⁽⁵⁾. Example: Refusing to allow a disabled person into the premises due to their assistance dog. Note that discrimination arising from disability does not apply if they could not have reasonably known that the person is disabled.

Indirect discrimination – Producing a policy that places a disabled person at a disadvantage ⁽⁶⁾. Example: A “no animals” policy with no exemptions.

Failure to make reasonable adjustments – Where a disabled person is put at a disadvantage because the service provider has not made reasonable adjustments ⁽⁷⁾. Disabled people are entitled to reasonable adjustments, such as changing a policy so they are not disadvantaged ⁽⁸⁾. Example: Refusing to adapt a “no animals” policy to accommodate a persons auxiliary aid (assistance dog).

The law also prohibits harassment ⁽⁹⁾ and victimisation ⁽¹⁰⁾.  

More information on disability discrimination is available from the Equality and Human Rights Commission.

Implications of discrimination

Discrimination is unlawful. This means that civil proceedings can be brought against a person who has been discriminatory ⁽¹¹⁾. 

Employers are responsible for preventing discrimination. If they fail to do so and discrimination occurs, they would also be liable ⁽¹²⁾. 

Problems faced by assistance dog handlers

Assistance dog handlers face exceptionally high levels of discrimination due to their assistance dog. Research by PAWtected CIC showed that ⁽¹³⁾:

• 90% of handlers faced problems accessing a service in the last 5 years, 86% of those problems occurred in the last 12 months. 
• 91% of handlers were impacted by an incorrect assistance dog policy or signage
• Assistance dog handlers describe access problems as making them feel "anxious", "upset" and "angry". 

Access problems are real and have serious impacts on assistance dog handlers. As a customer facing staff member, you can help reduce these instances. 

Inappropriate behaviour

On rare occasions, an assistance dog may behave in an inappropriate way. There are lots of reasons why this may happen, such as the dog having an off day or being unwell. 

Inappropriate behaviours are behaviours that cause a significant nuisance to other users ability to use and enjoy the service or could cause potential harm. These are not written into law and should be used as guidance only. Inappropriate behaviours can include:

• Excessive sniffing, licking or mouthing at stock*
• Excessive vocalisation (e.g. barking and whining)*
• Jumping up at people, objects or surfaces*
• Soliciting attention (e.g. nosing at people)
• Being out of the handlers control (e.g. excessive pulling or walking freely)

* Note: Some dogs perform these behaviours to support their handlers, however they should not impact another users experience. Examples of how these behaviours may be used to help someone:

• An allergen detection dog sniffing a plate of purchased food to prevent an allergic reaction. 
• A dog passing an item the handler intends to buy from a low shelf. 
• A dog whining to alert their handler to an oncoming medical episode. Whining stops after the handler takes appropriate action. 
• A dog putting paws on the counter to pass an item to a cashier. 

Assistance dog handlers are often highly embarrassed when their assistance dogs act in an unusual way. If the behaviour occurs once and the handler is able to re-establish appropriate behaviour, no further action should be needed. If they do not attempt to re-establish control and the dog is causing a significant nuisance or acting in a way that could cause harm, it would be appropriate to approach them team. We recommend consulting your manager/supervisor before taking action. 

Tips for approaching a team causing a significant nuisance:

1. Reassure the handler that you welcome assistance dogs and understand that dogs are not robots. 
2. Name the specific behaviours that are inappropriate. 
3. Ask if there is anything that you can do to help them. This could be as simple as directing them to a quiet area or holding the basket so they have their hands free. 
4. Give the handler space and opportunity to correct the behaviour. Please do not watch them while they do this. 
5. Return a few moments later and reassess. 

If, after a reasonable period of time, the handler is still unable to correct the dogs behaviour and the dog is continuing to be a significant nuisance or is causing harm, it would be appropriate to ask the to leave. If hostile behaviour is shown from either dog or handler in response to this, follow your usual policy/procedure (e.g. phone police). 

Tips for asking a team to leave if they are causing a significant nuisance:

1. Explain that the behaviour is problematic and inappropriate for the setting. 
2. Ask the dog to be removed. 
3. Inform the handler that they are welcome back with their assistance dog, however the behaviour is not reasonable. 
4. Offer an alternative reasonable adjustment, such as assisting them with their shopping. 

Dangerous behaviour

The Dangerous Dogs Act 1991 says that a dog is acting dangerously if they injure someone or make someone worried that they could be injured.

If a dog is acting dangerously out of control, they should be immediately asked to leave. 

Approaching assistance dog teams

It can be confusing to know if a dog entering the property is an assistance dog, and even more confusing knowing what to do. The simple flow chart below can help you identify which of the previously discussed actions to take. 

Serving assistance dog handlers

It is important when serving assistance dog handlers to remember that they are normal people. 

Assistance dogs are usually well experienced with ignoring distractions, but it is still important to avoid doing things that could be potentially distracting and to act respectfully of the persons disability aid. This includes:

• Do not touch the dog
• Do not talk to the dog
• Do not take photographs of the dog
• Do not feed the dog
• Do not stare at the dog

Please remember that while assistance dogs are beautiful and fascinating, they are medical equipment like a wheelchair. It is not appropriate to ask the person questions about what their dog does. 

Managing other customers

Another area of struggle for many assistance dog handlers is other customers. They may not be aware of appropriate etiquette around assistance dogs and this can make the handlers experience with your service negative. Please be vigilant for any customers that are:

• Asking the team inappropriate questions.
• Telling the team they need to leave. 
• Allowing their pet dogs to approach the assistance dog (if pet friendly service). 
• Allowing their children to approach the assistance dog. 

Harassment is unlawful. 

If you see another customer bothering an assistance dog handler, please take action to support them. You can:

1. Stop the interaction by guiding the customer away or asking them to stop following the handler. 
2. Highlight why their actions were inappropriate. 
3. Offer a warning. 

You are welcome to make use of the resources here to help educate the public. 

Policies/signage

Service providers have an anticipatory duty ^[14]. This means anticipating barriers and adjustments needed for disabled people before the adjustments are needed. It is reasonable to anticipate the use of an assistance dog, so the policy and signage should reflect this. 

Please check your companies policy and signage to ensure provision is made for assistance dogs. 

Note - Wording such as "guide dogs only" or "registered assistance dogs" is discriminatory towards disabled people not fitting into those specific categories. 

Considerations and kind gestures

Working an assistance dog can be stressful. Despite best intentions, some communication can be perceived differently than intended. Please avoid saying the following to an assistance dog handler:

• "What is wrong with you?" Nothing! They are disabled and their medical history is private. 
• "Poor dog" Assistance dogs love their jobs and have plenty of time off to play. They have great lives. 
• "I wish I could take my dog everywhere!" Remember they are bringing their dog because they are disabled. This phrase comes accross as you wanting to be disabled. 
• "Can I just buy a jacket and bring my dog everywhere?" Only disabled people can be accompanied by assistance dogs. Faking your dogs role can be dangerous. 

Kind gestures are often appreciated by assistance dog handlers. Please ensure that you offer, not demand, not all handlers will want the additional help. Some ideas:

• Offer a bowl of fresh water.
• Ask if there is a preferred seating location (e.g. in restaurant).
• Redirect and educate nuisance members of the public.
• Do not interact with or distract the dog.

Assessment

Please complete all of the questions below. 

References

1. Equality Act 2010, Section 6.

2. Equality Act 2010, Schedule 1, Part 1.

3. Equality and Human Rights Commission. (2011). Services, public functions and associations. Statutory Code of Practice (Provision 7.47). Retrieved from https://www.equalityhumanrights.com/sites/default/files/servicescode_0.pdf

4. Equality Act 2010, Section 13.

5. Equality Act 2010, Section 15.

6. Equality Act 2010, Section 19.

7. Equality Act 2010, Section 21.

8. Equality Act 2010, Section 20.

9. Equality Act 2010, Section 26.

10. Equality Act 2010, Section 24.

11. Equality Act 2010, Part 9.

12. Equality Act 2010, Section 109.

13. Hughes, A. (2023). Assistance Dogs and Discrimination: Insights from UK Handlers.

14. Equality and Human Rights Commission. (2011). Services, public functions and associations. Statutory Code of Practice (Provision 7.20). Retrieved from https://www.equalityhumanrights.com/sites/default/files/servicescode_0.pdf

Reccomended Reading

1. Equality and Human Rights Commission. (2017). Assistance dogs: A guide for all businesses. Available at https://www.equalityhumanrights.com/en/publicationdownload/assistance-dogs-guide-all-businesses

2. Equality and Human Rights Commission. (2017). Take the lead: a guide to welcoming customers with assistance dogs. Available at https://www.equalityhumanrights.com/en/publicationdownload/take-lead-guide-welcoming-customers-assistance-dogs