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29 July 2005 - First Prosecution Under DDA Against Debenhams

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The giant retailer, Debenhams will be the first company to be prosecuted under the new Disability Discrimination Act (DDA) following failure to make improvements for wheelchair access within the menswear department of their store in Derby.

Mr. Greg Jackson, a wheelchair user, is suing Debenhams due to his access to the menswear department being an impossible task.   A flight of stairs would have to be negotiated by Mr. Jackson in order to reach his preferred destination.

Mr. Jackson has made several requests (since January 2004) to Debenhams regarding his difficulty, but no changes were made to assist in the access for disabled customers to the menswear department.

The wheelchair user, Mr. Jackson commented as follows:

"It's unacceptable that Debenhams are refusing to make any adjustments for disabled people. Improvements to access the menswear section in the Derby store would be relatively cheap and simple to make. Instead, I'm in the embarrassing situation of having to ask for clothes to be brought down to me by a shop assistant which means it's impossible to browse properly and places pressure on me to buy. It also emphasises and draws attention to my impairment and so I feel like I'm being singled out because of my disability."

A nine year "breathing space" was given to companies in 1995, in order that they could plan any changes necessary prior to the equal access provision of the DDA coming into force in October 2004.

The Disability Rights Commission (DRC) are backing Mr. Jackson's claim.

Chairman of the DRC, Mr. Bert Massie commented as follows:

"An independent report for the DRC shows that some 20 Debenhams stores pose similar access barriers to those found in Derby. This is unacceptable. Debenhams has had many years to make these changes yet unlike their competitors there is no centrally managed plan to make access improvements that would meet their legal duties. Instead, they appear satisfied in doling out a second class service to disabled customers.

"Businesses that make their services open to all are benefiting from fair access laws and from disabled shoppers who have a disposable income estimated at £80 billion a year. Bad access is bad for business.

"The extent of improvements needed depends on the relative size of the retailer and its level of resources. Debenhams, as a large retailer with 123 stores and a £300 million-plus profit last year, should be doing more. Offering to bring the goods out to Mr Jackson might be acceptable in a corner shop with limited resources, but the relatively meagre cost to a big chain like Debenhams of installing a ramp makes this practice unreasonable. Likewise, when you consider the fact that between one third and half of all goods ordered over the Internet are sent back because they are the wrong size it is clearly an inferior service."

Information on disability rights can be accessed from the DRC website by clicking the following:  The Disability Rights Commission

Article by Alexandra Johnston

 

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