Legal advice: Discrimination in pubs and bars
Our legal team of experts from London solicitors Joelson Wilson on discriminating against gay customers.
Discriminating against gay and lesbian customers when providing goods and services is the subject of consultation up until June 5. The government hopes to bring in legislation in October 2006 to ensure that gay, lesbian and bisexual people enjoy the same treatment as heterosexuals in pubs, hotels, restaurants and any other businesses which provide goods and services.
So what kind of acts in pubs and bars would count as discrimination on the grounds of sexual orientation? The most obvious example would be to refuse someone entry to the bar because they are gay, but more subtle examples may apply too - slower or less friendly service or inappropriate comments about the customer's sexual orientation, for example.
This step follows a number of important changes in relation to sexual orientation: discrimination in the workplace for this reason was made unlawful in December 2003 and civil partnerships were introduced in December 2005, enabling gay and lesbian couples to enter into a partnership which is similar to a marriage.
An interesting aspect about the latest proposals is that these regulations will apply equally to heterosexuals, so it would also be unlawful to refuse entry to a gay bar on the basis that the customer is heterosexual. However, it is possible that there may be some exceptions. These are likely to be organisations which provide services for different groups if this is the best way to deal with specific issues facing those of a particular sexual orientation. The example given is a sexual health clinic for gay men or lesbians.
There are a great number of businesses which target their goods and services at individuals where the regulations will apply, however. As mentioned, these are likely to include bars, pubs, clubs and hotels and licensees should consider the possible effects this will have upon their businesses ahead of the proposed changes. For example, staff may need to be trained to understand what counts as discrimination so that they know what is acceptable and what is not.
If you think these proposals are likely to affect you, why not participate in the consultation? Remember that this is at a very early stage of the process and draft regulations have yet to be prepared. Keep an eye out to see how this develops so that you will be aware of your rights or obligations which may come into force in October. You can find a copy of the consultation document at www.womenandequalityunit.gov.uk.
