Clubs and associatons 

 

Clubs and associations which are open to the public or a section of the public must treat equally everyone who uses their services or facilities. They must not refuse to provide services, or offer services on different terms, to people on the grounds of their disability, race, gender, belief or sexual orientation. In certain circumstances, they may discriminate because of age. For example, age restrictions may apply where alcohol is served.

Like service providers, clubs and associations must make reasonable adjustments to allow disabled members or guests to make use of their services and facilities. This could mean making changes to practices, policies and procedures as well as making physical changes. Find out more about making reasonable adjustments.

The law is different for private members’ clubs, which have certain rights to select members and guests, and restrict memberships.

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Private members’ clubs

You have certain legal rights to protect you from unlawful discrimination in private members’ clubs, which meet the following requirements:

  • they have 25 or more members
  • permission to become a member is regulated by a club constitution (which may or may not be in writing)
  • they are not a trade union or employers’ association
  • members of the club do not constitute a section of the public.

This means that the club must operate a membership policy genuinely based on personal criteria. It usually requires applicants to make a personal application, to be sponsored or nominate by other members, and to undergo some form of selection process, such as a vote. These clubs are generally allowed to provide services and facilities to people from a specific group or groups, provided the club has been set up to benefit that group or groups.


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Unlawful discrimination

It may be unlawful for a private members’ club to refuse you membership, or offer you membership on less favourable terms, because of your race, sexual orientation or disability.

Example
A private members’ club rejects potential members who do not confirm to its ‘image’ and turns down a woman with a facial disfigurement. While the club regularly turns down non-disabled people, the woman has been treated less favourably because of her disability. This constitutes direct discrimination.

If you are a member or associate of a private members’ club, it may be unlawful for the club to treat you less favourably on the grounds of your race, sexual orientation or disability by doing any of the following:

  • denying you access to any benefits, facilities or services provided by the club (such as access to bars and restaurants on the club premises, or use of any club facilities off-site).
  • making access to any benefits, facilities or services more difficult.
  • depriving you of your membership or varying the terms of your membership.
  • depriving you of your membership or associate rights or varying those rights.
  • subjecting you to any other less favourable treatment.

Private members’ clubs are also subject to the duty to make reasonable adjustments to their services, practices, benefits or facilities to make them accessible to all, including members, prospective members and guests. Find out more about what service providers, including private members’ clubs, need to do to make reasonable adjustments.

Example
A private dining club has a disabled member who has difficulty in using the cutlery provided at the club’s functions. The club provides easy-hold cutlery for this member. This is likely to be a reasonable step for the club to take.

Example
A club requires members who wish to renew membership to attend the club in person on the date their membership expires. A disabled member wants to renew her membership but has a hospital appointment on the date she should attend the club.The club refuses to alter the rule to allow her to attend on another day. This is likely to be disability discrimination arising from a failure to make reasonable adjustments.


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Exceptions for private members’ clubs

Private members’ clubs are allowed to discriminate on the grounds of race (except on the ground of colour) where the main object of the association is to enable the benefits of membership to be enjoyed by a persons of particular racial group defined in a way other than by reference to colour.

Example
It is lawful for a club set up to benefit French people to restrict its membership to people of French nationality.

It is also lawful to discriminate in this way on the ground of sexual orientation if the main object of the club is to enable the benefits of membership to be enjoyed by persons of a particular sexual orientation.

Example
A social club for lesbians has a rule that restricts its membership to lesbians only. It does not allow  gay men, bisexual or heterosexual people to become members, although they can be admitted as guests of members. The membership rule is likely to be lawful discrimination.

There is currently no prohibition on private members’ clubs discriminating on grounds of someone’s gender, religion or belief.

Example
A social club has a rule that only people who are baptised as Catholics can become members. Members of other religions and beliefs are welcome as guests. The membership rule is likely to be lawful discrimination.

There are some limited circumstances in which less favourable treatment on grounds of disability may be justified. Read more information on when discrimination is lawful.


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