As we’re back into lockdown, we thought it would be useful to provide guidance as to your rights if you are disabled and unable to access supermarkets in person through shielding.
If you’re an existing online customer and your slots have been ‘levelled down’ to first come first served, and as a consequence you have no other means of obtaining your groceries, and you can demonstrate a ‘detriment’ then it may be possible to threaten an injunction compelling supermarkets to provide you with priority access. We did this during the first lockdown and Tesco provided our clients with online slots: https://www.disabilitynewsservice.com/coronavirus-tesco-opens-priority-home-deliveries-to-disabled-shoppers/
It is important to remember that ‘detriment’ is key. Whilst you may be able to establish a technical breach of the Equality Act of one supermarket, if you can access another then you may not have a claim. Likewise, if you have others living in your house who can provide groceries then, whilst still technically a breach, a claim is likely to fail.
We are, as before, available to assist people who find themselves totally isolated without access to supermarket services.