An outdoor centre provides a variety of activities from walks on gravelled areas to ones involving strenuous physical activities. Their policy says they will only let people do the activities if they have a medical certificate of good health.
Ensuring health and safety is reasonable, but applying a policy like this to every activity is likely to be indirect discrimination. This is because customers who had mental health problems would not be able to join any activities and so would be treated worse than other customers.
People with mental health problems might be quite capable of:
- doing any of the activities on offer as their mental health conditions would not affect their ability to take up exercise, or
- taking up the less strenuous activities
But it will not be indirect discrimination if the outdoor centre is able to justify this policy by showing that it is:
- for a good reason, and
- appropriate and necessary