Disability discrimination and energy suppliers

If you’re disabled, your energy supplier must not discriminate against you - and they might have to help you access their services. 

The law that says you must not be discriminated against is called the Equality Act 2010. Discrimination covered by the Equality Act is ‘unlawful’. This means you can take action about it.

There are also rules your energy supplier has to follow if you’re disabled. These rules are called the ‘standard licence conditions’. 

Energy suppliers can be fined if they don’t follow the standard licence conditions.

Check if it was discrimination

To work out if an energy supplier has discriminated against you, you should:

• check if you’re protected from disability discrimination 

• check how you were discriminated against

Check if you’re protected from disability discrimination

If you want to make a disability discrimination claim, you’ll need to show your impairment meets the Equality Act’s definition of disability.

Check if you're disabled under the Equality Act.

Check how you were discriminated against

The Equality Act covers different types of discrimination. The most common types of disability discrimination are:

• ‘failure to make reasonable adjustments’

• ‘discrimination arising from disability’

Your energy supplier must make changes so you’re not disadvantaged when you use their services. These changes are called ‘reasonable adjustments’. This means they might have to change the way they do things so you’re not disadvantaged. 

If you’ve asked for reasonable adjustments and they don’t try to make changes, this could be a type of unlawful discrimination called ‘failure to make reasonable adjustments’.

It can also be unlawful discrimination if your energy supplier knows you’re disabled and treats you badly because of something that happens as a result of your disability. This is called ‘discrimination arising from a disability’.

There are also other types of unlawful disability discrimination, these are:

• direct discrimination - this is when someone treats you differently and worse because of your disability

• indirect discrimination - this is when a policy or rule applies to everyone but it has a worse effect on people with your disability

• harassment - this includes things like bullying or making jokes about you because you’re disabled

• victimisation - this is when you complain about disability discrimination and you’re treated badly because you complained

You can check what type of discrimination you've experienced.

If you have communication problems

Your energy supplier must communicate with you in an appropriate way - for example, by email, phone or letter. They must provide their information in an accessible format if you need it - for example, large print, easy read or BSL. They must never ask you to pay for it. This is a type of reasonable adjustment.

If they don't do this, you can complain about unlawful discrimination. Tell your supplier they must follow the standard licence conditions and the Equality Act.

Example

Nasreen is blind and can’t read. She told her energy supplier she needs her bills on audio CDs and she’s on the Priority Services Register. 

Her energy bills went up but her supplier only told her in a letter, which she couldn’t read. 

Nasreen got into £1,000 of debt and her energy supplier threatened to move her onto a prepayment meter. Nasreen can complain about her supplier's failure to make reasonable adjustments by not communicating with her in an appropriate way.

She can say it would be discrimination arising from disability if she was moved onto a prepayment meter. This is because she’d experience a disadvantage because she can’t read.

If your energy supplier wants to install a prepayment meter

If you owe money to your energy supplier they might want to install a prepayment meter. This means you would pay for your electricity or gas in advance rather than after you use it. 

You can ask your energy supplier to set up a repayment plan instead of moving onto a prepayment meter.

You can refuse to move to prepayment if you or someone in your home has a: 

• health condition or disability which needs a continuous supply of electricity - for example, you use a stair lift or take medication which needs to be kept in a fridge

• health condition which is made worse by a cold home - for example, sickle cell disease

• severe or terminal health condition - for example, COPD or cancer

You can also refuse to move to prepayment if you have a health condition or disability which makes it difficult to reach, work or top up a prepayment meter. You can only refuse if there’s no one else in the home who can help.

You can ask your energy supplier for reasonable adjustments. For example, you can ask them to move your meter so you can reach it or switch you to a smart meter so you can top up online.

It might be disability discrimination if:

• your supplier doesn’t make reasonable adjustments

• your supplier makes you get a prepayment meter, which puts you at a disadvantage because of your disability

Check if you can stop your supplier installing a prepayment meter.

Example

Leon’s energy supplier sent him a letter saying he owed them £700. They want to install a prepayment meter for him to pay back his debt.

Leon has chronic obstructive pulmonary disease (COPD), which means he’s often very ill. He’s worried he wouldn’t be able to keep his prepayment meter topped up. 

His energy supplier should make reasonable adjustments and let him pay back his debt in another way, so there’s no risk of his supply being cut off. If they don't, Leon could challenge their decision using the standard licence conditions and the Equality Act.

If your supplier takes you to court

If your supplier still wants to install a smart prepayment meter, they can apply to the court for a warrant to enter your home.

Your supplier should let you know if they're going to apply for a warrant. They should tell you at least 21 days before they apply.

Contact your supplier as soon as possible if they didn't:

• contact you before applying for the warrant

• visit your home to check it’s suitable for prepayment

• offer you other ways to repay the money you owe

• tell you at least 21 days before they apply for the warrant

Your supplier might:

• agree to stop their application for a warrant

• arrange for you to join the court hearing where they apply for the warrant - you’ll usually join by video call

Make sure you tell the court why a prepayment meter isn’t suitable and about any rules your supplier hasn’t followed - including if they’ve discriminated against you.

If you need more help, contact the Advice Direct Scotland's energy advice service.

Taking action

If you’ve experienced unlawful discrimination, you can make a formal complaint to your energy supplier.

You can check how to complain to your energy supplier.

If that doesn’t work, you might be able to take legal action - but it’s important to try and solve the problem outside of court.

You can check how to take legal action about discrimination.

If you’re registered with the Priority Services Register

If you're disabled, you might be eligible for extra help offered by energy suppliers from the Priority Services Register.

If you're already registered with the Priority Services Register but you're not getting the extra help you’re entitled to, you might be able to use the Equality Act to strengthen your complaint against the energy supplier.

Check if you can join the Priority Services Register.

Get more help

If you’re not sure what action to take, you can contact the Equality Advisory Support Service. They can’t give you legal advice but they can help you work out what action to take without going to court.