Not upheld: service complaint - alleged discriminatory treatment and intimidating conduct complaint against Nationwide Building Society

Decision detail

Summary

Mrs J complained that Nationwide Building Society staff treated her unfairly when she brought her dog into a branch, claiming they asked her to leave the dog outside and subsequently acted in an intimidating and dismissive manner. She alleged this constituted discrimination under the Equality Act 2010. Nationwide did not uphold the complaint, stating the dog was not an assistance dog and staff had acted appropriately. The ombudsman reviewed CCTV footage and found that the dog's unsettled behaviour (barking) was not indicative of a trained assistance dog, that Mrs J had not raised the dog's assistance status during her complaint call, and that CCTV did not support her claim of physically intimidating conduct by staff. The ombudsman concluded that Nationwide had not acted unfairly and did not uphold the complaint.

The Ombudsman's reasoning

The ombudsman found that Mrs J's dog exhibited behaviour (barking, becoming unsettled) not indicative of a highly trained assistance dog. The distinction between 'support dogs' (not legally protected) and 'assistance dogs' (protected under the Equality Act) was material. Mrs J did not raise the dog's assistance status during her complaint call to Nationwide, only after Nationwide stated it understood the dog not to be an assistance dog. CCTV footage did not support Mrs J's claim of physically intimidating conduct by staff; gesticulation observed was consistent with normal conversation. Mrs J was able to complete her banking business despite the request to leave the dog outside.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website