Not upheld: failure to make reasonable adjustments in communication methods under Equality Act 2010 complaint against NewDay Ltd (trading as Aqua and AO)

Decision detail

Summary

Mr M complained that NewDay Ltd failed to make reasonable adjustments under the Equality Act 2010 by refusing his request for email-only communication, citing his disability and mental health condition that made telephone and real-time communication difficult. NewDay initially offered alternative methods including online chat, mobile app, and text relay services, but later provided a dedicated email address for customer service correspondence. The ombudsman found that while Mr M faced substantial communication barriers and email was most suitable for him, NewDay had taken reasonable steps to adjust its communication methods by providing email access for appropriate correspondence and postal alternatives for security-sensitive matters, combined with breathing space relief on his accounts. The complaint was not upheld as the ombudsman determined that reasonable adjustments do not require a business to communicate solely in a customer's preferred method, but rather to make things accessible in a variety of practical ways.

The Ombudsman's reasoning

The ombudsman accepted that Mr M faced substantial communication barriers and that email was the most suitable method for him. However, the ombudsman reasoned that reasonable adjustments do not require a business to communicate only in the way a customer prefers, but rather to take steps to make things accessible in a variety of ways. The ombudsman found that NewDay's provision of an email address for customer service, combined with the option of postal communication for security-sensitive matters and the breathing space arrangement, constituted reasonable adjustments that met Mr M's outlined needs without requiring NewDay to fundamentally change its processes or compromise security.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website