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Card Only Payments May Discriminate Against Disabled People

Since the beginning of the Covid 19 pandemic, many shops, services, and businesses have started accepting only debit or credit card payments. This was originally done to reduce the small risk of passing on the virus by handling coins and notes.

However, many businesses quickly realised that not accepting cash has other advantages for them, such as cutting staff time, reducing theft risks, and reducing bank charges. For this reason, many shops and businesses have decided to stay ‘card only’ and not accept cash payments.

However, only accepting card payments may be discriminating against some disabled people who are unable to use cards because of their disability.

 

What the Law Requires

The Equality Act 2010 requires organisations and businesses to make reasonable adjustments for disabled people so that they are not discriminated against. If a person’s impairment or disability prevents them from using a card to pay, it would be a reasonable adjustment for the shop or business to accept cash from that disabled person. It is exactly the same principle as providing a ramp as a reasonable adjustment for a wheelchair-user or large print for someone with a visual impairment.

People whose disability prevents them from using cash includes:

  • Blind or visually-impaired people who need to use cash which they can feel and/or do not want to use a card when they cannot see the transaction details for themselves
  • People who may struggle to understand the idea of paying with a card but who do understand the idea of paying in cash which they can feel and count. This includes some people with a learning disability, brain injury or dementia.
  • People with serious mental illness who have to use cash as part of controlling their behaviour, such as people with bipolar or manic disorders, people with gambling addiction, hoarders, etc.

 

Getting a Business to Accept Cash

Not every disabled person has the legal right to pay by cash. It is only those people whose disability or impairment prevents them from using a card to pay that have a legal right. And even those people don’t have an absolute right to demand businesses accept cash on demand. Because the law talks about ‘reasonable’ adjustments, the disabled person as well as the business must act in a way which a court would think reasonable in all the circumstances.

This means that if you, or someone you care for, cannot pay by card, you need to plan and prepare when you want to make purchases in cash. Here are our suggestions:

  1. Talk to businesses before you have to pay, and put them on notice that you will need to pay by cash and not card. At a supermarket, for example, you could tell customer services when you arrive. At a pub or restaurant, you could tell the staff when you book or when you arrive. In a shop, you could mention it before you start browsing.
  2. When you put the business on notice, tell them directly that ‘you will be paying by cash because you have a disability which prevents you from using a card to pay’. You don’t have to go into details of your condition or tell them your medical history.
  3. If there is an argument or concerns from the business, you can go on to say that ‘you expect the business to accept the cash as a reasonable adjustment for your disability under the Equality Act’ and that you have ‘given them reasonable notice so they have time to make arrangements to accept cash’.
  4. You could add that ‘preventing you from paying by cash is illegal disability discrimination and the business could face legal action or be reported to the local council or licencing authority’.
  5. If the shop or business still refuses to accept cash, you will be able to take your business elsewhere and not face an embarrassing situation later.

If you can’t speak to someone before you have to pay, explain the above when you have to pay. However, the business might reasonably ask you to wait while they make arrangements for you to pay in cash, for example to call a manager.


 

The Fair4All Card

The Fair4All Card is a card for disabled people which sets out the reasonable adjustments which shops and businesses legally have to make for the holder of the Cards. If you are a disabled person who has the legal right to pay by cash because of your disability, this right to pay by cash can be added to your Fair4All Card. You would then be able to show the Card to shops and businesses as proof of your legal rights.

You can find out more about the Card and apply for one at www.fair4all.org.uk.


 

Tell Us About Your Experiences

We would love to hear about your experiences of trying to pay by cash or difficulties you have in using a card to pay. Please click here to get in contact with us.