Two headline-grabbing discrimination cases have provided consumer-facing businesses in the UK with a potent reminder that they must comply with equality legislation such as the Equality Act 2010 when
Two headline-grabbing discrimination cases have provided consumer-facing businesses in the UK with a potent reminder that they must comply with equality legislation such as the Equality Act 2010 when dealing with potential customers. If they fail to do so, they could be on the receiving end of a costly lawsuit and a wave of negative publicity.
“Gay cake” case
On 19 May 2015 a judge in Northern Ireland ruled that Ashers Bakery Company (“Ashers Bakery”) had discriminated against a gay customer because they had refused to bake a sponge cake featuring a pro-gay marriage caption.
In May 2014 the claimant, Gareth Lee, a gay man involved with an organisation called QueerSpace, a volunteer-led collective supporting the LGBT community in Belfast, had been planning to attend an event to mark the end of Northern Ireland's anti-homophobia week. He decided to order a cake from Ashers Bakery featuring a picture of the Sesame Street characters Bert and Ernie, the QueerSpace logo and the caption “Support Gay Marriage”.
A few days after he placed his order, Ashers Bakery phoned Mr Lee and told him that they could not fulfil his order, and should not have accepted it originally, on the basis that they were a Christian business. They apologised and provided him with a refund, but Mr Lee said the bakery’s actions made him feel "like a second class citizen."
Mr Lee took legal action against Ashers Bakery claiming that he had been discriminated against on the grounds of his sexual orientation contrary to the Equality Act (Sexual Orientation) Regulations (NI) 2006. He also claimed that the bakery had discriminated against him on the basis of his political beliefs contrary to the Fair Employment and Treatment (NI) Order 1998.
The judge agreed that Ashers Bakery had unlawfully discriminated against Mr Lee in breach of both the 2006 Regulations and 1998 Order and awarded him damages of £500, an amount which had been agreed in advance by the parties.
The judge commented: “The defendants are entitled to continue to hold their genuine and deeply held religious beliefs and to manifest them but, in accordance with the law, not to manifest them in the commercial sphere if it is contrary to the rights of others.”
Following the ruling supermarket giant Tesco, which had been stocking products from Ashers Bakery in some of its stores, said that it was reviewing the judgment and would be discussing it with the bakery.
The case also attracted a significant amount of negative publicity in the press and on social media, including calls to boycott Ashers Bakery, albeit many commentators expressed sympathy with the owners given that their behaviour had been based on their religious beliefs.
Ashers Bakery has announced that it will appeal the ruling and in the meantime will limit the types of celebration cakes it provides to certain birthday and baby-related cakes.
Irish Traveller pub ban case
Another discrimination case to hit the headlines in May 2015 involved a successful claim against pub chain J D Wetherspoon by a group of Irish Travellers.
The group had been denied entry to The Coronet, a North London pub owned by the chain, in November 2011. They had all been attending the annual conference of The Irish Traveller Movement in Britain, which had been held next door to the pub.
The claimants launched a legal action claiming that they had been discriminated against on the basis of their ethnic origin contrary to the Equality Act 2010.
The judge considered that the then pub manager had made the stereotypical assumption that Irish Travellers and English Gypsies cause disorder wherever they go. He agreed that there had been direct discrimination in breach of the Equality Act 2010 in relation to a number of the claimants and awarded eight (8) of them £3,000 each – a total of £24,000.
What should businesses do?
The two cases outlined above demonstrate the risks faced by consumer-facing businesses that engage in discriminatory behaviour – time-consuming and expensive lawsuits, a storm of negative publicity in the press and on social media and the potential loss of customers upset by the conduct in question. Such claims are likely to become more common as the public are becoming increasingly aware of their rights under legislation such as the Equality Act 2010.
Whilst damages will usually be low in individual cases, the J D Wetherspoon case demonstrates how they can become more significant where a number of people have been discriminated against due to a particular policy that has been put in place. In any event, many claimants in this area will be willing to pursue their claim as a point of principle even where the potential damages award is small, as in the Ashers Bakery case.
It is worth remembering that race and sexual orientation are only two of a plethora of "protected characteristics" that exist under UK equality legislation. Consumer-facing business also need to ensure that they do not unlawfully discriminate on the basis of sex, pregnancy and maternity, gender reassignment, marriage and civil partnership, religion or belief, age or disability.
In order to avoid being on the receiving end of a discrimination claim from a member of the public businesses should ensure that their staff are adequately trained on their obligations under UK equality laws. They should also check that any policies and procedures they have in place with respect to dealing with the public are non-discriminatory and that any complaints of discrimination are dealt with promptly, sensitively and to the complainant's satisfaction.
“Gay cake” case
On 19 May 2015 a judge in Northern Ireland ruled that Ashers Bakery Company (“Ashers Bakery”) had discriminated against a gay customer because they had refused to bake a sponge cake featuring a pro-gay marriage caption.
In May 2014 the claimant, Gareth Lee, a gay man involved with an organisation called QueerSpace, a volunteer-led collective supporting the LGBT community in Belfast, had been planning to attend an event to mark the end of Northern Ireland's anti-homophobia week. He decided to order a cake from Ashers Bakery featuring a picture of the Sesame Street characters Bert and Ernie, the QueerSpace logo and the caption “Support Gay Marriage”.
A few days after he placed his order, Ashers Bakery phoned Mr Lee and told him that they could not fulfil his order, and should not have accepted it originally, on the basis that they were a Christian business. They apologised and provided him with a refund, but Mr Lee said the bakery’s actions made him feel "like a second class citizen."
Mr Lee took legal action against Ashers Bakery claiming that he had been discriminated against on the grounds of his sexual orientation contrary to the Equality Act (Sexual Orientation) Regulations (NI) 2006. He also claimed that the bakery had discriminated against him on the basis of his political beliefs contrary to the Fair Employment and Treatment (NI) Order 1998.
The judge agreed that Ashers Bakery had unlawfully discriminated against Mr Lee in breach of both the 2006 Regulations and 1998 Order and awarded him damages of £500, an amount which had been agreed in advance by the parties.
The judge commented: “The defendants are entitled to continue to hold their genuine and deeply held religious beliefs and to manifest them but, in accordance with the law, not to manifest them in the commercial sphere if it is contrary to the rights of others.”
Following the ruling supermarket giant Tesco, which had been stocking products from Ashers Bakery in some of its stores, said that it was reviewing the judgment and would be discussing it with the bakery.
The case also attracted a significant amount of negative publicity in the press and on social media, including calls to boycott Ashers Bakery, albeit many commentators expressed sympathy with the owners given that their behaviour had been based on their religious beliefs.
Ashers Bakery has announced that it will appeal the ruling and in the meantime will limit the types of celebration cakes it provides to certain birthday and baby-related cakes.
Irish Traveller pub ban case
Another discrimination case to hit the headlines in May 2015 involved a successful claim against pub chain J D Wetherspoon by a group of Irish Travellers.
The group had been denied entry to The Coronet, a North London pub owned by the chain, in November 2011. They had all been attending the annual conference of The Irish Traveller Movement in Britain, which had been held next door to the pub.
The claimants launched a legal action claiming that they had been discriminated against on the basis of their ethnic origin contrary to the Equality Act 2010.
The judge considered that the then pub manager had made the stereotypical assumption that Irish Travellers and English Gypsies cause disorder wherever they go. He agreed that there had been direct discrimination in breach of the Equality Act 2010 in relation to a number of the claimants and awarded eight (8) of them £3,000 each – a total of £24,000.
What should businesses do?
The two cases outlined above demonstrate the risks faced by consumer-facing businesses that engage in discriminatory behaviour – time-consuming and expensive lawsuits, a storm of negative publicity in the press and on social media and the potential loss of customers upset by the conduct in question. Such claims are likely to become more common as the public are becoming increasingly aware of their rights under legislation such as the Equality Act 2010.
Whilst damages will usually be low in individual cases, the J D Wetherspoon case demonstrates how they can become more significant where a number of people have been discriminated against due to a particular policy that has been put in place. In any event, many claimants in this area will be willing to pursue their claim as a point of principle even where the potential damages award is small, as in the Ashers Bakery case.
It is worth remembering that race and sexual orientation are only two of a plethora of "protected characteristics" that exist under UK equality legislation. Consumer-facing business also need to ensure that they do not unlawfully discriminate on the basis of sex, pregnancy and maternity, gender reassignment, marriage and civil partnership, religion or belief, age or disability.
In order to avoid being on the receiving end of a discrimination claim from a member of the public businesses should ensure that their staff are adequately trained on their obligations under UK equality laws. They should also check that any policies and procedures they have in place with respect to dealing with the public are non-discriminatory and that any complaints of discrimination are dealt with promptly, sensitively and to the complainant's satisfaction.