In February 2010 I felt I had been discriminated against, as a disabled person, by Waterstones Book store. I was deeply hurt by what occurred that day and decided to use the Disability Discrimination Act. This is my story of that day and the events that proceeded it.


February 5th 2010 - The day it all started.

On Friday the 5th of February, 2010, I entered Waterstones to purchase a travel book at 19 Earl Street. I was accompanied by my personal assistant (PA/carer). The travel section was located on a split level with stair access. On asking a member of staff at the till how I could get up to that level, she directed me to 'the accessible entrance' around the outside of the building. [The building is on a slight hill].

On leaving the store I located the second entrance which had a large step [left]. I have Muscular Dystrophy and use an electric wheelchair due to limited limb movement. As such, I was unable to access this level. I sent my PA back into the shop to ask about a ramp for this step but she came back and told me there was no ramp.

On re-entering the store I spoke to the same member of staff who said that "other people manage".

How I felt


I was made to feel an inconvenience and bothersome customer which caused me great distress. I was also uncomfortable about having to express my frustration in-between the staff member serving other people. No attempt was made to find out if staff could have helped (e.g. locating a book from that level for me etc). I said I had rights under the Disability Discrimination Act and wanted to speak with the manager. She replied that she didn't know anything about the DDA and that there was no one I could speak to. I repeated that I wanted to see someone and she said there was no ramp because of the building being listed.

I felt she was not listening to me and treating me with the respect that other customers would receive. I was then told the manager was in and on an upper floor. Feeling deceived and insulted I went upstairs and a helpful member of staff called to see where the manager was (in another branch) and offered me his e-mail address.

February 9th 2010 - Next steps.

I phoned the Equality and Human Rights Commission (EHRC) and a very helpful person went through the questions to see if I had a case for discrimination. Once he knew that I met the requirements (i.e. was disabled by the definition of the DDA) he gave me my case number and advice to start down the route that is usual. This meant clearly explaining what had happened to the manager and seeking a response to a template list of questions provided by the EHRC within 14 days, recorded delivery.

February 13th 2010

My letter was confirmed to have been received by the assistant manager who said that he had passed my letter to their DDA expert which should enable a portable ramp.

February 18th 2010

The manager confirms sight of my letter and writes to me. [Click here to see letter 1]

Step 2 - Raise it up a notch

The letter, I felt, did not answer the questions so I politely thanked them for responding and said that I look forward to finding out the further details on the type of disability equality training staff received, whether it is reviewed for effectiveness etc. I suspected it was just a passing mention on a generic equality course which is why staff were unable to offer me an appropriate service. I wanted to find out more including what the results of their last DDA review were and why this had not identified the possibilities of a ramp. I explained I wanted to be confident that this would not happen to another customer.

April 8th 2010 - no further response so I moved to official proceedings.

I phoned the EHRC and they sent me the paper work for the next step.

April 9th - I served documents to Waterstones 'Questions Procedure'

Using the Questions Procedure can help a disabled person:

• decide whether or not to bring legal proceedings in the county court in England and Wales, or sheriff court in Scotland; and 

• present his or her complaint to the court in the most effective way.

A question in a questionnaire and any reply by a defendant is admissible in evidence in court if the claimant’s questionnaire is ‘served on’ (sent to) the defendant.

April 15th

I receive a letter from the manager. He said

"Waterstones as a company has undertaken a  full survey of all of its branches to ascertain how they meet the needs of its disabled customers. It has a list of work to be done, with those branches with the most shopfloor space that is inaccessible at the top of the list. The Earl Street Branch in Maidstone is some way down the list, with approximately 10% of space inaccessible. Waterstones as a Company is committed to acting on as soon as possible as many of these issues as it can,  given the current financial situation of the Company
 
We have decided as a Branch not to wait, and to act straight away to change the situation.Your experience has prompted us to review the use of the back of our Ground Floor as a sales area. As a result of this review we have decided no longer to use this as a shopfloor area and to close it off, relocating those sections to other more accessible parts of the Branch. We are looking to do this work in June 2010."

This very cleverly dodged the key question in the papers that were served where they can declare that they did indeed act unlawfully (or they can say they didn't and explain why it was lawful).

I didn't really want to go to court - I just wanted them to hold their hands up and say 'what we did was unlawful, discriminatory and we apologise'. I hadn't had this part of my question answered.

April 26th - Seeking the answers to the papers that were served.

I e-mailed to remind them they had not answered the specific question form the questionnaire. Did they agree they had failed to make reasonable adjustment and provided a service in a worse manner because I was a disabled person? Had they failed to train their staff adequately?

I started making enquiries about legal action - it could cost me over £1000 to get a judge to make them respond and it didn't look hopeful I would be entitled to legal aid type support.

June 4th 2010 - I received an e-mail to say their response was in the post - the papers came back, completed, on the day of the 8 week response deadline.

They agreed with my statement of what happened and how they discriminated against me by failing in a range of different ways. I had what I wanted and the alterations to the building were due to start a few weeks ago.

So, sword or poking stick.... well, it got a result but I can't go through that every time I am discriminated against just to get someone to change. No disabled person wants to relive the distress and hurt that it causes for the duration of a complaint that could last months or even years.

There are still thousands of stores, of all kinds, who won't make reasonable adjustments until they receive a complaint. Even things which are relatively cheap and quick to action - like the portable ramp and a friendly member of staff who had been trained in disability equality AND the DDA. Training is not just a few hours on 'how to communicate' and a top ten crib sheet about dealing with customers who have impairments (which is what this member of staff got). Attitude is a huge thing and just good old customer service! Smiles are free for example.

So all in all - it gave them a poke but it is not the mighty sword that will get Waterstones thinking about all their other stores on a 'waiting list' for action.

I certainly will never shop there again and I will share my story with others so they can decide where they buy their next book from.

Tags:attitudes | business | DDA | disability | discrimination | respect | waterstones | books