Retailers and returns services potentially breaking the law over returns for disabled consumers

One in two respondents who have had to make a return in the past year experienced an issue when doing so, a joint Which? survey with the Research Institute of Disabled Consumers has revealed.*

Of these consumers, one in five felt that the retailer didn’t make reasonable adjustments to accommodate their disability, as all businesses are legally required to do, when trying to make a return.

One in six told us they had to unexpectedly pay to return items, while one in seven said they couldn’t return the item via the retailer’s suggested returns method.

Which? is calling on retailers and delivery companies to comply with the Equality Act and do more to make shopping easier for disabled customers.

Failure to make reasonable adjustments

Under the Equality Act 2010, companies are expected to make reasonable adjustments for disabled consumers.

Our research tells us that one in five disabled consumers with a returns issue felt that the retailer did not make adjustments to facilitate their return.

'They often tell me to get someone else to do it'

Luisa, who is a wheelchair user, experienced a lack of access when trying to use InPost lockers to make returns: ‘InPost is one of the worst because you’ve got to be able to reach the locker - it’s all automated, so if you can’t reach the locker, you’re completely stuck. Online retailers really need to check that the shops and return services they use have got access.’

Frustrated by this experience at drop-off points, Luisa has asked retailers to arrange home collections for her returns, but has repeatedly been refused this service.

‘I’ve often asked and often been turned down, even though I’ve explained the situation that I’m a full-time wheelchair user and single parent, I can’t always easily get out and about,’ she said. ‘They often tell me to get someone else to do the return for me, but I don’t just have people that are free at my disposal, I’d have to pay someone to take it somewhere.’

These obstacles have made Luisa think twice before shopping online: ‘I stopped buying stuff for a while because if something doesn’t work for me, I’ve got to then spend more time getting somewhere to send it back.’ 

InPost apologised for Luisa’s experience and thanked her for the feedback. It’s committed to providing consumers with a convenient and improved e-commerce experience which it can only achieve when everybody benefits from its services. Improving the wider accessibility of its parcel locks is a critical step in this journey.

'They didn't understand the problems of being blind'

Another participant had a similar experience with an Amazon Locker - when we asked what accessibility features they’d recommend that retailers adopt, they told us: ‘making sure all Amazon lockers are accessible instead of giving me a top shelf locker I’m unable to reach due to being in a wheelchair.’

Other participants** told us how inaccessible return labels and forms posed problems: ‘The trouble was that you had to get a printed label reference number and none of these were in a reasonably accessible form.’ The participant contacted Amazon for assistance but found ‘they really didn’t understand the problems of being blind.’

• Find out more:  Equality Act 2010  

Returns drop-off points lack access

Increasingly, retailers offer drop-off points at newsagents and 24/7 lockers as a method to return items - but these shops and lockers aren’t always accessible.

'I had to knock on the window to get them to come out'

Lester needed to return a pair of shoes he’d bought from Amazon. The only available returns method was a drop-off point at a local newsagent which did not have access for his mobility scooter.

‘I had to knock on the window to get them to come out as they didn’t have a ramp for me to get into the shop,’ Lester explained. ‘People were walking past in the shop and looking at me as if I was trying to break in - it got a little embarrassing.’

‘Eventually one of the shop assistants came out and took my return on the pavement,’ he added. ‘But it’s frustrating and embarrassing when you have to do these sorts of things. There’s lots of shops in older buildings that don’t have the modern criteria for disabled access.’

Amazon told us it's committed to diversity, equity and inclusion. In terms of deliveries, customers can input specific delivery preferences on their account, including designated safe spaces, requesting delivery to a neighbour or choosing delivery to a collection point. It also has a process for returns to be collected by DPD if a customer has a disability. Its customer service team will work closely with customers concerned about accessibility and ensure a practical solution is implemented.

'I have to choose my drop off points carefully'

Unfortunately Lester’s experience isn’t an anomaly - our survey found one in seven disabled consumers who had an issue when making a return in the past year said they couldn’t return the item via the retailer’s suggested returns method.

‘Many local Post Offices are not accessible, nor are many of the shops local to me that offer Collect+/Evri etc services. Often returns end up being costly via Royal Mail and I have to ask someone else to take it to a Post Office for me,’ one survey respondent** said.

Another told us how they have to choose their drop-off point carefully due to a lack of consistency with access across different stores: ‘I choose my drop off points depending on which have parking outside, how far into the store I will have to walk and how big my return parcel is as I have limited strength and mobility.’ When asked how these services could be improved, the shopper recommended ‘not having to type in numbers or scan things as holding a parcel, phone and walking aid is tricky.’**

• Find out more: I want to return my goods, what are my rights? 

How do courier and returns companies accommodate for disabilities?

We asked courier and returns companies how they accommodate returns for disabled consumers.

Collect+ (PayPoint) told us ensuring easy access for the return and collection of parcels is a standard requirement for all Collect+ retailers. It’s also one of the reasons why its stores are open early til late and seven days a week, allowing consumers to use the service at a time and location of their choosing. Nonetheless, it says Which?’s findings are concerning and urges all retailers to follow the Equality Act 2010 and ensure their stores are as accessible as possible.

Evri told us it assesses all its partnered Evri stores for disabled accessibility, including wheelchair access and parking. Consumers can use its ‘find your nearest parcel shop’ to view the facilities and accessibility at each store. It also offers courier collection as a returns method. Evri is also looking at options to meet the needs of disabled consumers ahead of Ofcom’s changes to regulation regarding disabled consumers which takes effect in November 2023. More on this below.

InPost said it welcomes feedback from its UK locker users. It’s testing a new functionality to allow for better accessibility and locker compartment selection features. For customers in the UK this means an enhanced ability to choose a locker compartment that best suits them when returning and sending parcels from a locker. Once the testing phase is complete, it will roll this functionality out across its network from early 2023.

Post Office told us the majority of its branches are run by local businesses. The postmaster, who operates the Post Office from their premises, is responsible for the premises and the health and safety of customers and employees, including complying with legislation regarding accessibility. When opening new branches, Post Office provides information to postmasters to ensure the Post Office counter is accessible to all customers.

Royal Mail told us its Parcel Collect service allows customers to have their items collected from the doorstep without needing to leave the house and is free until 31 December 2022. It also monitors customer feedback to identify customers who need extra support.

• Find out more: best and worst delivery companies 

Unexpected returns fees

One in six disabled consumers with a returns issue in the last year  told us they had to unexpectedly pay to return their unwanted items.

‘For the return to be free, it had to be returned through an Evri parcel collection point in a shop. My closest shop was a 10-minute drive away. There was no parking outside and a step up into the store so I was unable to return it myself and had to get family to do it,’ another** said.

More retailers are beginning to charge customers to make returns that aren’t in-store. The charge is being applied by deducting a fee from the refund, charging a fee or asking you to cover return costs. Some retailers that charge for online returns include:

• Gap charges £2.50 for returns but they’re free in-store (returns are accepted at Next stores).
• JD Sports charges up to £3.50 for pick-up/drop-off services, but it’s free to return in-store or via InPost lockers.
• Next charges £2.50 for returns but they’re free in-store.
• Zara charges £1.95 for returns but they’re free in-store.
• Uniqlo charges £2.95 for online returns and only exchanges are accepted in-store.

As some disabled consumers can’t access stores as easily to make free returns, the fee to either send back items or have them collected is often unavoidable for disabled shoppers, which means some could be paying a premium for shopping online.

‘When an able-bodied person shops in-store, if they need to return something it won't normally add any cost to them to take it back,’ one participant told us. ‘For someone who is housebound, for whatever reason, shopping is already more expensive because you have to pay for delivery. Paying for returns pick-ups adds a further burden on their budget.’ 

Many disabled consumers who took part in our research said they want to see free home collection services offered by retailers for returns.

’I am lucky that I have able bodied people I can rely on to go to return an item, but retailers should set up a pick up service free of charge,'' one respondent explained.

What retailers that charge return fees say about making adjustments

JD Sports told us it has a variety of convenient return options to meet different personal needs. It’s free for customers to return items in-store or via InPost lockers, and it also provides free returns when an order is purchased through PayPal. In accordance with the Equality Act 2010, if a customer contacts JD’s customer service and makes them aware they’re unable to return the item, JD Sports will always try and resolve this for them and arrange a free collection. While the pickup service has a standard fee of £1.79, this charge will be removed for the customer if contacted prior.

Uniqlo told us it decided last year to simplify the returns process so it can dedicate more time to customer support. Purchases made online must be returned online, however exchanges are still possible in stores for free. Purchases made in stores can be returned or exchanged in any store chosen by the customer within the same country of purchase. Its customer service team is available to support customers if they have any difficulty making exchanges or returns.

Zara told us it does not charge customers for online returns if they are unable to visit a store owing to their disability. It would email a prepaid returns label to customers who aren’t able to visit their stores. And if a customer cannot visit a store or a drop-off point, Zara will send a courier to pick the returns up free of charge.

Gap and Next did not provide a comment.

• Find out more:a retailer is charging for a return – do I have to pay?  

Retailers difficult to contact

Although contacting the retailer is advised to ask it to accommodate product returns processes for someone with a disability, the communication process can sometimes prove hard. In our survey half of respondents who had experienced an issue with a return said it was difficult to contact the retailer and two thirds were dissatisfied with the retailer’s response after contacting them.

One respondent** told Which?: ‘The supplier did not respond to my messages and emails regarding a refund or replacement. I tried numerous times and only received a response when I did a review saying that the seller sent damaged goods and would not respond to my messages and emails. Shame I had to do that to get a refund.’

Another respondent** revealed the difficulties they faced with communication during their returns experience: ‘I ordered a garden umbrella and when it was delivered the box was damaged. The delivery man came back to my door with a screw in his hand saying it had fallen out the box. I was shocked. So I contacted the company a number of times but up until now it has not been dealt with at all.’

New delivery rules coming into force

A Which? investigation previously found that seven in 10 disabled consumers faced one or more delivery problems in the past year.

The joint survey with the Research Institute for Disabled Consumers of 704 disabled consumers found that half of those with a delivery issue said the courier didn't wait long enough for them to answer the door. A quarter told us their parcels were left in an inaccessible way and the same proportion said that the courier did not provide the help they needed with their disability.

Ofcom, the regulator for the delivery/parcel sector, is set to enforce new rules from November 2023 to ensure disabled consumers are treated fairly.

Under the new rules, parcel firms must have policies in place to ensure disabled customers can communicate their delivery needs, and firms will need to ensure couriers meet those needs when delivering parcels.

How to take action if retailers discriminate

Having a disability is a characteristic protected under the The Equality Act 2010, so if you think you have been discriminated against by a retailer due to your disability, you have a legal right to take action.

• Ask for adjustments: Under the Equality Act 2010, companies are expected to make reasonable adjustments for disabled consumers. So if your disability prevents you from making a free in-store return, you have a legal right to ask retailers to make adjustments to accommodate you. It’s also worth checking the retailer’s terms and conditions and contacting customer service to ask what arrangements can be made for you.
• Challenge the fee: Under the Consumer Rights Act 2015, items must be fit for purpose, as described and of a satisfactory quality. If they do not meet one or more of these qualities, you shouldn’t be charged a return fee.
• Make a complaint: If you feel you’ve been discriminated against due to your disability, you can make a complaint to the retailer regarding the discrimination you faced. Retailers’ contact details should be easy to find. You should make it clear to the retailer that your disability makes it difficult or prohibits you from making returns using the processes it provides, such as unfairly charging you when you don’t have the option of benefiting from free in-store returns.
• Report the firm to Trading Standards: If you think a retailer has broken the law or acted unfairly (i.e.they tried to stop you using your legal rights) you can report it to Trading Standards.
• Consider legal action: If you are unsatisfied with the outcome of your complaint, you may be able to use a dispute resolution scheme or take legal action, which can be assessed by seeking legal advice.

*Which? surveyed 844 members of the panel of the Research Institute for Disabled Consumers in September 2022 about their experience of making a return over the past 12 months.

** Verbatim comment from our survey of 844 disabled consumers in September 2022. 

N.b We have included a selection of responses from our survey in this story. Survey participants told us about a number of retailers and courier firms who have failed to make adjustments for their accessibility needs but we could not include all of these in our story.