Accessibility and the law
You may often hear that digital accessibility is a legal requirement in the UK, but what does that mean? Does it actually apply to you? The short answer is yes. Read on to find out why.
There isn’t just one law which covers accessibility, there are a few laws and regulations that combine to protect people with disabilities. It can be a little confusing, so here we’ll try and explain them as simply as possible.
The Public Sector Bodies (Websites and Mobile Applications) Accessibility Regulations 2018
The Public Sector Bodies (Websites and Mobile Applications) Accessibility Regulations 2018 made accessibility more well-known in the UK. They require all public sector organisations to meet the Web Content Accessibility Guidelines (WCAG). These guidelines contain a long list of accessibility requirements for how a website or app is built and the content that goes on them. They also require organisations to provide information in alternative formats, such as braille or Easy Read, if requested.
Any existing public sector website or app should have been meeting the WCAG 2.1 level AA guidelines by 23rd September 2020. Any new website or app should meet them from the start. Organisations may not meet the guidelines in full; please see ‘disproportionate burden’ below.
The public sector includes central and local government, some charities, universities, NHS organisations and other non-government organisations. However, that doesn’t let other organisations off the hook. The Equality Act 2010 means all websites and apps are legally required to be accessible.
Read more about the WCAG requirements for content creators.
The Equality Act 2010
The Equality Act 2010 covers both public and private sector organisations. It’s about treating all people in the UK equally, no matter their disability, gender, age or race. In order to meet the Equality Act, people with disabilities need to be able to use the same websites and apps as everyone else. People with disabilities should not be put at any disadvantage or excluded, and reasonable steps must be taken to ensure they can access all information. This means organisations are legally required to make their websites, apps and documents accessible.
The Equality Act doesn’t specify any specific guidelines, like WCAG, but in order to be accessible it is best to follow WCAG 2.1 guidelines to AA standard. You can not just wait for a person to tell you your website isn’t accessible and fix it, it should be thought about from the start.
Reasonable adjustments
A reasonable adjustment means changes have to be made to enable someone with a disability to be able to do something. An example would be someone who uses a screen reader not being able to complete a task on a website, like buying a product or filling in a form, because it hasn’t been made screen reader compatible. This is discriminatory and it would be reasonable to expect this to be fixed. If an organisation doesn’t make ‘reasonable adjustments’ to make its website or app accessible, it is considered ‘unlawful discrimination’. This means a discrimination claim could be made against them.
Disproportionate burden
If you are a very small company or blog you may not have the funds available to make a fully accessible website. Or, you may have an older website and you can’t afford to re-build it to meet accessibility requirements. This may count as a ‘disproportionate burden’. It means that the benefits for people with disabilities after making these changes do not outweigh the cost for your business. However, it is a legal requirement to complete an assessment on this and you need to show that you are taking as many steps as possible to meet accessibility requirements.
Thankfully accessibility is becoming more commonplace with website developers and website-building tools like SquareSpace and WordPress. But, if you’re choosing not to be accessible because it isn’t a company priority or your staff haven’t been trained, that would not count as a disproportionate burden and you would not be meeting the Equality Act 2010. Lack of knowledge is not an excuse.
Consequences
Accessibility is a legal requirement in the UK for both public and private sector organisations. If your website or app isn’t accessible, you are at risk of a discrimination claim in the UK courts. The UK Equality and Human Rights Commission (EHRC) is responsible for upholding equality rights and laws in the UK. They can take legal action against companies in the UK with inaccessible websites and apps. Many of these claims have been settled out of court.
Accessibility can be confusing, but there are simple steps you can follow that make a huge difference to people with disabilities. Read our accessibility blogs and tips or contact us to find out more.
