business
DDA - sword or a poking stick?
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
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.
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.
Equality praise for casual gaming company
My Zoo is a casual game from Eyrewood Studios for the Facebook platform. With 659,924 monthly users and a portion of profits donated to wildlife charities it’s something that is appealing to all age groups across the globe.
The game is based around creating a zoo through buying land, staff, enclosures and of course the animals themselves. Players can choose to breed endangered animals and make improvements to their zoo to keep visitors coming back and increasing profits.
A little while ago I approached Scott Carney from Eyrewood Studios and asked if some disability equality features could be added to improve the ‘visitor’ experience. After some suggestions around the types of features and language, I was delighted to see that equality has become part of the game experience and players now have to build in disability features to progress in the game.
As a way of making equality mainstream, building equality into gaming is a fantastic way to engage with people. I have approached other companies on similar issues but they have so far declined to include disability equality features into their games.
So far, features include:
• Disabled facilities to increase guest satisfaction
(Text reads “Accessible restrooms, surface improvements, easy-to-read signs and wheelchair/scooter ramps yield more visitors and higher satisfaction.")
• Employee Training (which requires the disabled facilities upgrade)
(Text reads “Customer service and equality training improves interactions between employees and with visitors.)
Future plans include stroller and wheelchair rentals and a zoo train to improve getting around the zoo.
Scott said, “I'm really glad that you contacted me and brought this important aspect of building a public facility to my attention. It wouldn't have occurred to me on my own and I think it's a great addition to our simulation. Because of the limited scope of facebook applications, I wasn't able to incorporate all of your suggestions, but I was happy to add as many as I could. Feedback was very positive when the items showed up.”
You WILL sit here.
I was at one of the motorway brand hotels the other day, training, where a meal in their restaurant was included.
The tables were on an upper level via a platform lift.
The food was selected on the lower level with level access.
I was escorted by staff to the lift and they said they had already removed a seat for me just a few steps from the lift (which would probably have blocked in any other people using it).
So, they appeared to think that it was helpful to tell me exactly where in this empty restaurant I had to sit and with whom!
Then I realised, and so did the others on the table, that the food was chosen on the lower level.
I couldn’t be bothered to get back onto the lift and go down, so sent my PA to choose for me.
So.... although the staff member thought they were being really helpful, they had actually denied my right to choose where I sit and with whom (without the effort of moving and causing a bit of a fuss), and what I wanted to eat!
Correct method for me would have been:
1) Explain food is on the lower level - so would I like to choose first then select a seat from the upper level (or have a printed menu on the upper level so I could choose).
2) To ask where I wanted to sit and offer to remove that chair at the appropriate time or let my PA do it (or realise I had a PA and could sort myself out).
These are real life problems and solution you get to learn about on equality courses run by disabled people.
Work - a negative experience.
Insight: Work fit for all - disability, health and
the experience of negative treatment in the British
workplace.
This is the title of a new publication by the Equality and Human Rights Commission.
You can download this EHRC document here.
It explains how Britain (compared to other countries) has large numbers of disabled people with proportionately fewer in employment.
Incapacity Benefit claims have doubled in the past 20 years and the Government wants to reverse this trend.
So why aren’t disabled people getting jobs?
Research shows that disabled people perceive themselves as being subject to negative treatment at work - it is the fear of discrimination.
On a personal level, I can understand that when you are discriminated against time and time again in many parts of your life - why should work be any different?
Is this perception accurate?
Well, those surveyed who had attempted work agreed that negative treatment at work was experience and that for many it had made them ill (and many developed long term illness).
Negative behaviours and attitudes were not just from managers or supervisors - but work colleagues and customers.
What did the figure show:
25.4% of disabled people experienced intimidating behavior compared to 13.4% of those with no impairment.
14.4% received hints and signals that they should quit their job with only 8.7% of those with no impairment.
37.3% experience being shouted at or someone losing their temper with them compared to 25.9% of those with no impairment.
Disabled people felt more threatened, treated in a rude way or insulted, subject to gossip and experienced more physical violence.
In fact, disabled people experienced
More information:
For people with:
• A learning difficulty, psychological or emotional condition, the likelihood of negative experiences at work was increased by 167 per cent
• ‘Other’ conditions, the likelihood was increased by 128 per cent
• ‘Physical’ conditions the likelihood was increased by 3 per cent.
In contrast, other important variables were:
• Sexuality - being gay increased negative behaviour by 55 per cent.
Multiple oppression is an important factor where a mental health survivor who is gay could experience extremely damaging effects of work and may well be healthier if they were unemployed - something the government is now forced to contemplate in its ‘work is good for you, your community and the economy’ approach.
Employers - more needs to be done within businesses to end discrimination.
Employers will be asked, under possible amendments to legislation, to prevent illl-treatment and harassment of disabled people in the work place and promote dignity and respect.
This is the title of a new publication by the Equality and Human Rights Commission.
You can download this EHRC document here.
It explains how Britain (compared to other countries) has large numbers of disabled people with proportionately fewer in employment.
Incapacity Benefit claims have doubled in the past 20 years and the Government wants to reverse this trend.
So why aren’t disabled people getting jobs?
Research shows that disabled people perceive themselves as being subject to negative treatment at work - it is the fear of discrimination.
On a personal level, I can understand that when you are discriminated against time and time again in many parts of your life - why should work be any different?
Is this perception accurate?
Well, those surveyed who had attempted work agreed that negative treatment at work was experience and that for many it had made them ill (and many developed long term illness).
Negative behaviours and attitudes were not just from managers or supervisors - but work colleagues and customers.
What did the figure show:
25.4% of disabled people experienced intimidating behavior compared to 13.4% of those with no impairment.
14.4% received hints and signals that they should quit their job with only 8.7% of those with no impairment.
37.3% experience being shouted at or someone losing their temper with them compared to 25.9% of those with no impairment.
Disabled people felt more threatened, treated in a rude way or insulted, subject to gossip and experienced more physical violence.
In fact, disabled people experienced
More information:
For people with:
• A learning difficulty, psychological or emotional condition, the likelihood of negative experiences at work was increased by 167 per cent
• ‘Other’ conditions, the likelihood was increased by 128 per cent
• ‘Physical’ conditions the likelihood was increased by 3 per cent.
In contrast, other important variables were:
• Sexuality - being gay increased negative behaviour by 55 per cent.
Multiple oppression is an important factor where a mental health survivor who is gay could experience extremely damaging effects of work and may well be healthier if they were unemployed - something the government is now forced to contemplate in its ‘work is good for you, your community and the economy’ approach.
Employers - more needs to be done within businesses to end discrimination.
Employers will be asked, under possible amendments to legislation, to prevent illl-treatment and harassment of disabled people in the work place and promote dignity and respect.
Employers get DDA advice
Disability
and Employment
“For the first time, this year’s Employer CD-ROM includes information on disability and employment.
Employing disabled people can help you to:
SOURCE: HMRC Employer’s Bulliten 29 issued April 2008
http://www.hmrc.gov.uk/employers-bulletin/bulletin29/disability-employment.htm
“For the first time, this year’s Employer CD-ROM includes information on disability and employment.
Employing disabled people can help you to:
- attract and keep skilled staff
- make your workforce more representative of the community it serves
- avoid undervaluing, under-using or losing skilled staff
- avoid the costs and uncertainties of recruiting someone new
- improve staff morale and productivity
- develop good practice
- help avoid claims of unlawful disability discrimination.”
SOURCE: HMRC Employer’s Bulliten 29 issued April 2008
http://www.hmrc.gov.uk/employers-bulletin/bulletin29/disability-employment.htm
Magazine apology to visually impaired readers
As a dedicated family historian researching my
ancestry, I purchase a popular magazine called 'Your
Family Tree'.
In the last issue, they accidentally printed some of their articles in a pale font on a pale background and made it difficult for vision impaired people to read or 'those with poor eyesight' as they described.
Nice to see that not only have they apologized publicly but they have made an accessible downloadable version in a pdf for people who can access the Internet.
Congratulations to the Editor for apologizing and avoiding a potential DDA claim from it's readers. Perhaps others publications could take note... I''m off to have a read.
Read what the company said by clicking here.
I posted a comment on their website and added this note in reference to their SPAM detection:
(Apart from to publish this I had to answer a maths question which many disabled people would find difficult should they have a cognitive impairment)
In the last issue, they accidentally printed some of their articles in a pale font on a pale background and made it difficult for vision impaired people to read or 'those with poor eyesight' as they described.
Nice to see that not only have they apologized publicly but they have made an accessible downloadable version in a pdf for people who can access the Internet.
Congratulations to the Editor for apologizing and avoiding a potential DDA claim from it's readers. Perhaps others publications could take note... I''m off to have a read.
Read what the company said by clicking here.
I posted a comment on their website and added this note in reference to their SPAM detection:
(Apart from to publish this I had to answer a maths question which many disabled people would find difficult should they have a cognitive impairment)
No Alternative format
27/November/2007 12:27 PM Filed in: Business
Today I enquired about my insurance. I was sent a pdf
format which was not alterable. On asking for an
alternative version I could type into, I was told
they didn't have one.
The suggestion was to reference a typed document (that I was to type) to part of the form, print, sign and send both. This made it quite difficult so I had to resort to cutting and pasting each paragraph from the pdf into a word type document.
All the formatting was lost and I spent a long time making it look readable and then printing out two lots of a rather long document and wasting yet more paper and ink.
Why people need electronic formats (just a few examples):
1) You can change the font size and type e.g. in Word if you need larger or smaller print.
2) You can change the colour and background to make reading easier.
3) You can have a text to speech program read out your document or use speech to text to write on a form.
4) It is ideal for someone who can't write and needs to type out information for a form.
5) It is ideal for someone who can't use their arms / fingers or look downwards to read a document on their screen.
I personally find looking down at paper, holding it and writing with a pen difficult to impossible.
Electronic formats should be common practise and especially in large businesses like a major insurance company.
The suggestion was to reference a typed document (that I was to type) to part of the form, print, sign and send both. This made it quite difficult so I had to resort to cutting and pasting each paragraph from the pdf into a word type document.
All the formatting was lost and I spent a long time making it look readable and then printing out two lots of a rather long document and wasting yet more paper and ink.
Why people need electronic formats (just a few examples):
1) You can change the font size and type e.g. in Word if you need larger or smaller print.
2) You can change the colour and background to make reading easier.
3) You can have a text to speech program read out your document or use speech to text to write on a form.
4) It is ideal for someone who can't write and needs to type out information for a form.
5) It is ideal for someone who can't use their arms / fingers or look downwards to read a document on their screen.
I personally find looking down at paper, holding it and writing with a pen difficult to impossible.
Electronic formats should be common practise and especially in large businesses like a major insurance company.
My worth - less than minimum wage apparently.
02/August/2007 12:13 PM Filed in: Business
Last month I received a phone call from another
consultant who had entered into a training contract
with a local authority and felt they needed help
delivering a course on Independent Living and Direct
Payments.
I had worked at events with this person before and they wanted my knowledge and presentation skills to deliver parts of the course.
As a co-trainer I was offered less than minimum wage. I declined this insulting and tokenistic offer.
It is common for a 'wheel 'em in, wheel 'em approach by so called Disability Consultants because it looks good having a disabled person present. This is wrong but unfortunately not uncommon. If disabled people are being consulted then their knowledge and contribution should be valued and payment provided on an equal par to a none-disabled consultant who is an expert in a particular field.
I had worked at events with this person before and they wanted my knowledge and presentation skills to deliver parts of the course.
As a co-trainer I was offered less than minimum wage. I declined this insulting and tokenistic offer.
It is common for a 'wheel 'em in, wheel 'em approach by so called Disability Consultants because it looks good having a disabled person present. This is wrong but unfortunately not uncommon. If disabled people are being consulted then their knowledge and contribution should be valued and payment provided on an equal par to a none-disabled consultant who is an expert in a particular field.
Imagine this
12/December/2007 06:41 PM Filed in: Business
What are my chances of getting a contract?
Did you know that 1 in 5 people are disabled - but only half of disabled people (of working age) are in employment?
Many have the right qualifications but are never asked to an interview.
80% of non disabled people (of working age) are in employment earning more than their disabled peers.
It is highly likely, that in the course of my business, people, given the choice, will choose a non-disabled service provider because of prejudices and discrimination in the UK.
This is my reality.
Business advice...
24/November/2007 05:37 PM Filed in: Business
I had the potential for a rather large contract in
Inner London. I was after some business advice and
eventually got through to Maidstone Chamber of
Commerce. I spoke to a very helpful person (who
seemed to think I did building access audits when I
said 'Disability Equality' ). He quickly made an
appointment for me to see firstly himself (to talk
about the Chamber) and secondly to speak to a
business advisor. I asked about wheelchair access and
I was told I could get in fine.
It was a miserable, rainy day and I managed to get parking in a public car park across the road.
It would have been a bit more pleasant if the helpful chap had told me there was parking right outside the door. Still, my PA opened the door and we took a seat.
The chap I was seeing was on the phone and the second chap looked thoughtful as he gazed up at us from across the room.
Eventually he came over. By that, I mean he got up, walked straight past me and over to my PA.
"You must be Louise", he said.
"No, Louise is over there", came the reply from my PA.
"Oh", said the man looking confused as he spun round to look at me.
Great, I thought, I was very offended. Given the option of two people - one of whom was going to be the customer looking for business advice - the man chose to rule me out.
Eventually I had my first appointment - amidst a conversation opener that went along the lines of:
"How often do you have to charge it? Does it go far?"
"Oh my wheelchair, no it depends how far I have been."
"You could charge it up with the socket over there if you need to."
I wanted to go down the lines of 'that's not really appropriate' as a way to greet a wheelchair user. The reality was he probably did not know any better and just served to prove how much Equality Training is needed.
Would you go up to a customer and open the conversation with ' how far can you walk in a day without getting tired... have you walked far today.... you can take a rest over there...'?
So many people start off a conversation like that, where there is simply no need.
Wheels are an equivalent of legs. They get you from A to B. My wheelchair is a part of me - part of my body. If you wouldn't comment on someone's legs - then please don't comment on my wheels.
It was a miserable, rainy day and I managed to get parking in a public car park across the road.
It would have been a bit more pleasant if the helpful chap had told me there was parking right outside the door. Still, my PA opened the door and we took a seat.
The chap I was seeing was on the phone and the second chap looked thoughtful as he gazed up at us from across the room.
Eventually he came over. By that, I mean he got up, walked straight past me and over to my PA.
"You must be Louise", he said.
"No, Louise is over there", came the reply from my PA.
"Oh", said the man looking confused as he spun round to look at me.
Great, I thought, I was very offended. Given the option of two people - one of whom was going to be the customer looking for business advice - the man chose to rule me out.
Eventually I had my first appointment - amidst a conversation opener that went along the lines of:
"How often do you have to charge it? Does it go far?"
"Oh my wheelchair, no it depends how far I have been."
"You could charge it up with the socket over there if you need to."
I wanted to go down the lines of 'that's not really appropriate' as a way to greet a wheelchair user. The reality was he probably did not know any better and just served to prove how much Equality Training is needed.
Would you go up to a customer and open the conversation with ' how far can you walk in a day without getting tired... have you walked far today.... you can take a rest over there...'?
So many people start off a conversation like that, where there is simply no need.
Wheels are an equivalent of legs. They get you from A to B. My wheelchair is a part of me - part of my body. If you wouldn't comment on someone's legs - then please don't comment on my wheels.
About my work.. on your marks...get set...
03/August/2007 06:03 PM Filed in: Business
It was August 2007. I wasn't comfortable working for
Social Services amidst some radical changes in the
structure of staff and services. My post was coming
to an end so I decided to hand in my notice and
return to doing Training and Consultancy.
As I set up my business, I was once again plunged into a bubbling cauldron of inequality and discrimination as a business woman and disabled person.
My aim was simple. I was going to offer services that would support the Disability Equality agenda and Independent Living.
This would involve courses around Independent Living and Disability Equality , consultancy and web-services.
It was something I had done before so decided on a re-launch. And so my new enterprise 'Information for Independence' was born.
This blog is about the ups and downs of the 'disability' issues effecting my life and my business.
Equality matters - it matters to me and it effects everyone.... even you.
As I set up my business, I was once again plunged into a bubbling cauldron of inequality and discrimination as a business woman and disabled person.
My aim was simple. I was going to offer services that would support the Disability Equality agenda and Independent Living.
This would involve courses around Independent Living and Disability Equality , consultancy and web-services.
It was something I had done before so decided on a re-launch. And so my new enterprise 'Information for Independence' was born.
This blog is about the ups and downs of the 'disability' issues effecting my life and my business.
Equality matters - it matters to me and it effects everyone.... even you.
