Josie and her family went to a local restaurant to celebrate her birthday. To access the restaurant they had to go down a flight of stairs as no lift was provided. Josie had to climb the stairs with her sister’s assistance, whilst her mother carried her wheelchair.
When Josie’s mother entered the restaurant carrying the folded wheelchair, a member of staff informed her that she could not bring it into the restaurant and shouted at her to take it out. Josie felt humiliated and embarrassed at the treatment that she received as it took place in front of other diners, many of whom were watching the incident. The family decided to leave the restaurant.
When climbing back up the stairs, Josie suffered an asthma attack resulting in breathlessness, which was brought on by the fact she had not had time to rest between climbing down stairs and back up. No assistance was offered to Josie or her mother when leaving the premises.
The whole experience had an adverse affect on Josie’s confidence and sense of independence.
Outcome: Full and Final Settlement
During mediation Josie explained how the incident had made her feel. The restaurant owner apologised to Josie and her family and explained that since the incident an independent access audit had been completed and a disability policy implemented. The access auditor was unable to suggest a way for the barriers to physical access to be overcome because of the height of the stairs to the premises. However, it was agreed that a sign would be installed at the entrance informing customers of the access issues with an invitation to request assistance from a staff member.
It was agreed that disability awareness training would be provided to all current staff, and new staff on appointment.
The restaurant owner agreed to pay £2,000 (two thousand pounds) in compensation to Josie, and her family was offered a complimentary meal.