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Deaf postman wins disability discrimination case
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Listen To Me When I’m Talking To You
Leeds postman, Gordon Waring who suffers from deafness has won a discrimination case against his local taxi firm after it repeatedly hung up on him while he was trying to book a taxi.
Mr Waring, who lives in Cullingworth near Bradford has been deaf since the age of 3 and depends on a Typetalk phone to make phone calls. In spring 2007 D.C.W Private Hire Cullingworth Taxis in Bradford hung up on him twice within 6 weeks when he was trying to use the phone to book a taxi. On both occasions he had to walk down to their office to book the taxi where he also explained to the firm their duty to answer Typetalk calls and showed them how to do it.
Unfortunately, the incident was repeated that same summer which prompted Mr Waring to write a letter of complaint to the taxi company and to the Disability Rights Commission which investigated the complaint. Shortly after, a mediation session was arranged by the Disability Conciliation Service but no settlement was reached.
Instead, Mr Waring instructed Leeds based law firm Simpson Millar LLP – the firm recommended by his union, the CWU and to which he regularly delivers post – to issue proceedings for injury to feelings under s.25 of the Disability Discrimination Act 1995.
Alex Dunne who works as a Legal Advisor at Simpson Millar and dealt with this case commented: "We filed a claim and sent a letter to D.C.W Taxis but when they didn’t respond the matter went to court for an assessment of damages hearing in October 2008."
At the hearing Simpson Millar LLP asked for a minimum of £3,000 in damages but then, surprisingly, D.C.W Taxis proceeded to deny that any of the events had taken place which forced the judge to adjourn the hearing. After a lot of to-ing and fro-ing, the assessment of damages hearing went ahead in January 2009 where Mr Waring was awarded £4,500 in damages.
Afterwards, Mr Waring said: “I decided to pursue this claim against D.C.W Taxis because I had already explained to them twice how to use the Typetalk phone. After having the phone put down on me several times, which left me both angry and upset, I decided enough was enough.
"Many people don’t understand what it is like to live with a disability like this and how their actions can be extremely hurtful and frustrating. I’m really pleased that I won this case after it caused me and my close friends so much distress."
"To service providers out there who don’t know how to use a Typetalk phone, I can only suggest that they take notice and gather some information about what to expect if they receive a call from one."
"I hope I’ll never be in this situation again but if I am, I won’t hesitate to take action. There is no excuse for companies claiming not to be aware of common disabilities and no defence for businesses that refuse to make the efforts required by law to accommodate those suffering from one."
Mr Dunne added: "The judge in this case decided that all 3 incidents were connected, not isolated, and together made up one serious incident of discrimination. He praised Mr Waring's patience in having tried to educate D.C.W Taxis on their responsibilities under the Disability Discrimination Act and stated that their failure to learn from the mistakes made the case more serious."
"Very few disability discrimination claims for the provision of services ever go to court. They are often settled during mediation with the Disability Conciliation Service which is a useful and often cost effective solution for all parties involved."
"We find the size of the compensation awarded to Mr Waring entirely appropriate and hope that it will send a signal to other service providers to take their responsibilities to both customers and employees seriously."
If you have been affected by any of the issues raised in this article you could be entitled to compensation under the Disability Discrimination Act. Please contact our team now on 0844 858 3200 or complete our online enquiry form.
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Craig Jones
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10/02/2009
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