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

Archived from October 2006

Here we go again... this saga started on 10th October.

Mission - to obtain a new pressure cushion for my wheelchair. 16x 16 and 3 inches deep called a Trans Flow 600 or equivalent.
Can not find one on the internet to buy privately - they are over £100. I would buy one myself but can't be sure it is the right kind and the most suitable type.

Previously: HERTFORDSHIRE 1) Told OT from social services 2) Showed her the type and gave size 3) She agreed one of the same would do the job and within a few days got the cushion for me.

Compare this to KENT!

I asked my OT (you may remember him from the door saga).

1) He give me local number of NHS wheelchair service.
2) I try them and they only answer phones before midday... I try several times and over the next weeks eventually got through a few days ago.
3) They said that my GP has to fill in a form to send to them with details about my impairment, wheelchair etc (not that they know this).
4) Phone GP - on holiday so I wait to hear from them.
5) District nurse calls I explain the story so far - they tell me to call my OT.... (I think we have been here before). She offer to phone him for me.

Today

6) District nurse calls again - she has called the NHS wheelchair service who need some details.

7) I phone the wheelchair service back up again. They can not give a cushion until they have records from the place who gave me my NHS chair. They need to know model and size of seat....

I explain this was some 15 years ago in Wales - they can not give a cushion without paper work saying the model and the dimensions.
I tell them the model and size of seat.
They want the paper work from previous NHS Trust.

NHS consults with senior manager.

They now want to know where my last cushion came from - that was HERTS - oh.

8) They phone up Herts and they have not heard of me...

It turns out they didn't know I have been married and were asking under the wrong name.
NHS tell me they may have to call my chair an NHS chair in the absence of any paperwork.

I don't care what they call it. I just want a [bleeeep] cushion. I tell them this politely.

9) District Nurse calls - she has to complete the referral form to the NHS clinic (remember this from step 3?)

Nurse does not know size of wheelchair or anything about me - I tell her on the phone. She is very nice and is trying to help. NHS staff sound patronising and un helpful.

10) She writes it on the form and sends it to the NHS staff who I have already told this to several times today.

Now I wait to hear from the NHS Wheelchair people again.....

In the meantime I get a numb bum, frustrated and sore... gee thanks NHS - great service.

Part 2 14 April 2007

Since last September you will remember I was trying to get s plain old cushion to save my numb bum.

I eventually got to test out a load down at the wheelchair clinic and they said they would order one. Because it is contoured it won't fit in my wheelchair without a new backrest - also on order I thought.

About a month ago I wrote to ask where my cushion was as it had been about 3 months since it was on order... they were just about to come and see me (yeahh right). Anyway, by the off chance I was at home and they said they would come up with it.

Whoopeeee I thought.... alas my heart sank when they came in with a new electric wheelchair. - So, they buy a new electric wheelchair at goodness knows what cost compared to trying something with my existing wheelchair (i.e. a new back rest and cushion). The logic was that my wheelchair was old and I needed a new one anyway - yet I had told them I was in the process of doing up a private chair I had bought! Besides this the wheelchair had no head rest, was too high for my PA to lift me up and down from, would not fit under the desk and other places I work from - and so the list goes on! It was the most unsuitable set up for someone with MD and I wouldn't have been able to get in my car to go to work!

Yet - why is it I felt bad about sending it away and suggesting they went to try and find a backrest... because disabled people fight tooth and nail to get an electric wheelchair for years. The system is CRAP.

I even offered to buy the cushion privately - but that was frowned upon because I was officially their responsibility for health, safety and posture (as they kept pointing out) as long as I sat in an NHS chair . What about me - don't I know my body and lifestyle better than anyone - and can't I be my own responsibility?

So it is now April - month 8 of having a numb bum.... Hubby is fast working on my new chair because as soon as that is ready I can 'go private' and they will just hand over the cushion for free!

Tags:kent | treatment | discrimination | equipment | Nhs | wheelchair

Monday the 8th of June 2009 - remember that day.

Why?

Two amazing things happend.

1) Firstly Apple showcased a thunderous new iphone - iphone 3Gs with additional accessibility features and
2) Disabled people in the UK finally have rights to equality under the new UN treaty.

Wait - shouldn’t the second one be at the number one slot?

Seriously though, the UN Convention on the Rights of Persons with a Disability is a landmark piece of legislation.

On Monday it was adopted by the UK government and could lead to better daily lives for all of us in the UK who have impairments. Sadly, and true to form, the signing of this has made few headlines. If disabled people are not aware of their rights - then how can we know when to challenge common breaches of equality and dignity?

Disabled people need to know about it and use the legislation to challenge inequality. We want to be treated with dignity, respect, fairness and equality.

Tags:rights | discrimination | disabled | gadgets

My topic this year - gadgets (ohh let me think, will Apple feature or not....)

Join me and chat on facebook.

Tags:disabled | website | discrimination

New web standards have been issued by the World Wide Web Consortium (W3C) with regards to access for disabled people.

This is WCAG 2.0 and applies to all web content (text, images, sound, video etc).

(Web Content Accessibility Guidelines)

There is also standard BS 8878 - a British draft standard on process.

What does this mean to my business?

Firstly all businesses (including voluntary organisations) must ensure their web-site is accessible to people with a range of different impairments including people with impairments which effect:

• Movement (alternatives include using a mouse, graphics tablet, switches (singe button, head control etc) and adjustments to keyboards).
• Ability to read e.g. someone with dyslexia, learning difficulty or visual impairments.
• Hearing and vision (alternatives include design changes, subtitles/captions, audio description)
• Concentration or cognitive ability.

“These guidelines also make Web content more usable by older individuals with changing abilities due to aging and often improve usability for users in general.” [W3C:2008]


Any person who experiences difficulties using your website (to the level of functionality that is offered to those without impairments) may fall within the Disability Discrimination Act.

Failing to ensure accessibility is unlawful in the UK under the DDA.

What should I do?

You should ensure that you meet the British Standard on web accessibility:

http://drafts.bsigroup.com/

and international W3C standards on:

http://www.w3.org/TR/WCAG20/

and the DDA.

Tags:disabled | discrimination | access | website

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.

Tags:discrimination | wheelchair | business

Earlier this year I applied for part-time work with a large organisation who brand themselves around equality for all.

I met all the qualifying criteria for a flexible job that involved lone working, out and about in the community with disabled people and carers.

They were particularly keen to recruit a disabled person into the post because the nature of the job involved being a role model.

I was invited to an interview - after the first one had to be re-arranged because of an inaccessible venue.
(Not a good start).

The appointment was out of the county with no communication regarding access, parking or similar. I had declared my impairment, PA and access requirements many months in advance. They felt there was nothing particular I needed to know.

It was also early in the morning - difficult for me, but I was keen and I am fortunate in that my PA is flexible with her hours to get me up in time.

I eventually arrived to find one of the interviewers standing at the door waiting.

The door into a cold, echoey hall had a step and was a fire door that didn’t stay open so well - but with my PA and them holding the door - we made it inside.

Around a village hall table sat two members of the interview panel.

We reached the end of the interview and they gave every indication that they were very keen. I had some good answers, excellent qualifications... then the doors to the job slammed shut.

A questions about reaching out to minority groups rang alarm bells. One of the interviewees said that ethnic communities keep to their own and look after each other and wouldn’t want this service that I would be providing - this was not the question but part of some chit chat after I responded. It appeared, alarmingly, the person’s actual mind-set. I questioned this approach and was swiftly moved on to the final part of the interview.

Did I have any questions.

I said I presumed because the job was a mobile worker that I could manage my own time and could work from home for ‘admin’ type duties.

I received a stern ‘NO’ and reminded them that my impairment would make it difficult for me to report into an office every morning before I hit the road. They said they had a strict no home-working policy. I looked puzzled and then the second interviewer butted in with a ‘of course if it is a disability related adjustment we would have to talk that over with personnel’.

I said that I would also have access requirements if I was going to be asked to go into my local office.
The response was ‘you’ll be ok, we already have a wheelchair user in there and they manage alright’. I said, no you don’t understand.....’. I had to go into a very undignified description of the room I need to use the bathroom and have a PA around to help.

I had been into the local office before and the manager had said that you had to take the doors of the hinges to allow people in wider wheelchair corridor access to the WC - I only just made it with a lot of difficulty.

The interviewer apologized and didn’t realise what a PA was or that disabled people had different needs - and thanked me for helping her understand... what cheek!

Next I asked how flexible they wanted me to be - because if I needed to work evenings or weekends I would have to recruit or find a PA. They looked blank and said they didn’t know and that I had to be available at all times to see when the work was needed. I had not applied for a job which said you had to be available 24/7. I said, just to know if it was 2-3 evenings or something would be helpful. They said ‘we don’t know’. I felt this was now becoming a way for them not to offer me the job. I think they did know what the likely hours were because of people doing this job in other counties - or at least they could have found out.

After a few more comments that I felt were racist- I left. I decided if they offered it to me I wouldn’t take it based on their attitude. I have heard similar stories from other disabled people applying to work for them.

The reasons for not offering me the job - I couldn’t guarantee I would be flexible and I wasn’t ready for that type of work (whatever that means).

I became another statistic.

Tags:access | disabled | discrimination | wheelchair | third sector

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.

Tags:business | DDA | employment | disabled | discrimination

BBC Radio 4's Money Box was broadcast on Saturday, 5 April 2008 at 1204 BST.
In the programme the lack of alternative formats was addressed. This was in relation to American Express offering bank statements in PDF formats that were not coded for visually impaired people to read via their screen readers. The issue has still not been fixed and is causing difficulties for the many people who use screen readers (Blind and visually impaired people, those with reading impairments who listen to the spoke word and people with learning difficulties who may also find it easier hearing items rather than reading them.
This is unlawful under the DDA and American Express apologized to the BBC stating that they are working to fix the problem that began last December.

Tags:alternative formats | access | DDA | disabled | discrimination | visually impaired

PRESS RELEASE SUMMARY: Harrow Council found guilty in acting unlawfully.

From: Public Law Project. A small section is show below and the full press release is available from: Public Law Project

"20 December 2007

High Court finds that Council acted unlawfully and ignored rights of disabled people

Harrow Council forced to reconsider new policy withdrawing care services from 100s of residents

In a key case about disability rights and the provision of care services for 100s of people, a judge found a local council had acted unlawfully when introducing its new policy because it had breached its duties under the Disability Discrimination Act.


The case, brought by the Public Law Project (PLP) on behalf of three service-users in Harrow, was a challenge to Harrow Council’s decision in July this year to restrict the care services it currently provides to people with critical needs only, withdrawing care from those who had substantial needs. "

Tags:disabled | discrimination

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)

Tags:disabled | discrimination | business | visually impaired | alternative formats

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.

Tags:wheelchair | discrimination | business | disabled | woman | independent living | work | employment