The Belfast County Court has ruled that it was discriminatory for pub staff to deny entry to a former police officer and his family because they were wearing remembrance poppies. Judge David Macfarlane said that the family suffered unlawful discrimination on grounds of religious belief or political opinion.
The claim of indirect discrimination was “based on the assertion that the poppy is an emblem worn predominantly by those of the Unionist or Protestant tradition in Northern Ireland. This would not be the wish of the Royal British Legion and indeed it could not be said that the poppy is worn exclusively by people from that tradition. However, the court accepts that a significant proportion of people in Northern Ireland displaying the poppy would come from that tradition. It therefore follows that by denying services (i.e. entry and a meal) the defendant company was indirectly discriminating against the plaintiff.”
The plaintiff Ted Cooke said that he took the case “to challenge the idea that the poppy should be treated as a sectarian symbol.”
The Equality Commission of Northern Ireland helped Mr Cooke with his case. Eileen Lavery, the Commission’s Head of Advice and Compliance said “In our guidance to employers, the Commission makes it clear that the wearing of poppies, in a respectful manner and within the appropriate period, should not be regarded as something which would cause offence. It would be unacceptable if any person was made to feel uncomfortable because they were, or were not, wearing a poppy.”
The plaintiff the court that he was not seeking compensation but a declaration that what happened was unlawful discrimination. The court awarded him £1 and costs against the defendant, who is in administration.
Click here to read an article in the Guardian about the case.
Click here to read a press release from the Equality Commission of Northern Ireland.
Click here to read the full judgment.