[access-uk] Re: SAINSBURY'S SECURE CREDIT CARD AND DRC CONCILIATION

  • From: "Richard Godfrey-McKay" <richard@xxxxxxxxxxxxxxxxxxx>
  • To: <access-uk@xxxxxxxxxxxxx>
  • Date: Tue, 12 Jun 2007 18:12:05 +0100

Hi Damon,
Well it was really quite easy.  I called the DRC to tell them of the
problem, and the process has been  largely managed by the DRC's conciliation
unit.  I think the DRC have to recognise that there's  a legitimate dispute
in the first place, and the parties have to agree to conciliation.  It's
less formal than the full legal process, but should be just as effective.
There's an extract from some guidance below which may prove helpful.  I'd
recommend the process to anyone who's having  a legitimate dispute with a
service provider.  Do come back if you want to ask anything else.
 
FACT SHEET

 

A GUIDE TO CONCILIATION

 



 

 

The DRC (Disability Rights Commission) always refers cases to Conciliation
with the agreement of all the parties involved.

 

Conciliation is a part of the legal framework of the DDA (Disability
Discrimination Act), but it is a voluntary process.  This means that you can
withdraw from conciliation at any time.

 

Whilst Conciliation is informal, it is subject to a clear structure, helping
parties work towards a solution to their dispute.  Typical issues to be
discussed might be changes to an organisation's policy or practice, staff
disability equality training, an apology or compensation.

 

Cases are either passed to a conciliator directly, or (for complex cases) a
case co-ordinator may be involved.  The case co-coordinator will act as the
facilitator up to the conciliation meeting, at which point the conciliator
will take over.

 

Conciliators and case co-ordinators will explain the process and their
roles, and they help put together an agenda for the meeting.  The agenda
will be passed to the parties for preparation well before the meeting.
Please note that conciliators and case co-ordinators are not able to give
legal advice or make recommendations, but they may be able to discuss
options with you.

 

Conciliation meetings usually take place at a neutral venue and last between
two and four hours.  Any reasonable adjustments needed for the meeting will
be arranged.  The conciliator manages the process, making sure that
everybody has their say and has their view properly heard by the other
party.  The conciliator keeps the focus on the agenda and the framework of
the DDA.  It is up to the parties to work towards and agree an acceptable
outcome.  At the end of the meeting a form will be written up and signed,
recording the agreed outcome. 

 

There are two possible outcomes:  "Full and Final Settlement" or "No
Settlement", depending on whether parties have found an acceptable solution
to the dispute.  "Full and Final Settlements" are reached in 75% of cases.
Please note that signing a "Full and Final Settlement" means, that the
Complainant will no longer be able to take the case to court.

 

There are case studies of conciliation on the DRC and DCS websites:
<http://www.DRC-gb.org> www.DRC-gb.org and  <http://www.dcs-gb.org/>
www.dcs-gb.org.

 

 

  
 

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--- Begin Message ---
  • From: "Damon" <damon.rose@xxxxxxxxxxxxxx>
  • To: <access-uk@xxxxxxxxxxxxx>
  • Date: Tue, 12 Jun 2007 12:16:02 +0100
richard, it would be really useful if you could post up a potted version of
how you went about using the DDA against Sainsbury in order to help other
people. I'd love to know how difficult it is to take legal proceedings
against a website. Who is paying? Are you? How much is it? And if you've
gone to conciliation, does that mean you bypassed the legal processes, cut
out costs yet the company is still taking note? 
 
If I set up a an 'Access UK Proactive' list for people interested in not
only just talking about Access to products and services but also for those
who want to join together in affecting change collectively, would anyone
join? I'm thinking about email campaigns etc. Using official complaint
channels en masse. And perhaps going beyond the official channels if they
don't seem to work? 
 
...Damon 
 
 
 
 
 

----- Original Message ----- 
From: Richard Godfrey-McKay <mailto:richard@xxxxxxxxxxxxxxxxxxx>  
To: access-uk@xxxxxxxxxxxxx 
Sent: Monday, June 11, 2007 9:54 PM
Subject: [access-uk] SAINSBURY'S SECURE CREDIT CARD AND DRC CONCILIATION


Hi,  Following a failed attempt to use my Sainsbury's credit card on the net
last January, and following an admission from Sainsbury's that the security
features used were not accessible, I'm off to conciliation on 6th July.
 
Sainsbury's say that they've now altered the site and I tried it yesterday.

 
I think it probably does now work, although one screen appears to open in a
new window without telling me that it had done this.
 
Has anyone else had experience of using Sainsbury's secure recently?
 
I'm shortly to encounter Halifax Secure, and would be interested to know
whether this, and indeed other services run by financial service providers
have been inaccessible for the same reason as the Sainsbury's site, and may
now be fixed.  I gather that providers often use the same security
programmes.
 
Any help welcomed.
 

Please read this special message 
 
My partner, Cindy, is trying to lose weight and at the same time, raise
money for our favourite charity - RNIB.   
 
Please go to 
 <http://www.justgiving.com/slimmercindy> www.justgiving.com/slimmercindy
 to make a generous donation to RNIB and keep her motivated to lose weight
and keep her healthy. 
 
Thank you so much for reading this message.  

Richard Godfrey-McKay
Telephone: 01656-657516
Mobile: 07791-452593
 



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