First prosecution against retailer under new disability access law

30 07 2005 United Kingdom

Debenhams will become the first retailer to be prosecuted under the Disability Discrimination Act, it was revealed this week.

The Disability Rights Commission is supporting a wheelchair-user who claims he was denied access to a section of the menswear department in Debenhams’ Derby store. It can only be reached via a set of steps and the store is accused of failing to improve physical access to its goods and services.

Greg Jackson, a 43-year old wheelchair-user, said, “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."

The high street retailer failed to make improvements to the menswear section in Derby despite several requests from Mr Jackson dating back to January 2004.

“I’m in the embarrassing situation of having to ask for clothes to be brought down to me by a shop assistant,” said Mr Jackson, “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.”

Bert Massie, Chairman of the Disability Rights Commission, said, “Debenhams has had many years to make these changes. Instead, they appear satisfied in doling out a second class service to disabled customers.”

“The extent of improvements needed [according to the new law] 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.”

The Disability Discrimination Act places specific duties on shops and businesses that provide services available to the public to alter, adapt or remove physical barriers that make it unreasonably difficult for disabled people to receive fair treatment.

The law, passed in 1995, gave businesses a nine-year breathing space to plan and prepare for changes to premises and the equal access provision came into force on October 1st 2004.

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