Cork hotel ordered to pay ‘humiliated’ Traveller family €11,000 in compensation after refusing them accommodation

A four-star hotel that “embarrassed and humiliated” members of a Traveller family by refusing them accommodation and hurrying them out of the building to refund them with a “wad” of banknotes in the car park has been ordered to pay €11,000 in compensation.

The Workplace Relations Commission (WRC) found the hotel manager’s evidence that other Travellers who stayed at the hotel “always declared themselves as Travellers” – and that she could not tell a Traveller from a member of the settled community by their dress – was not “plausible”.

It upheld complaints of discrimination on the grounds of membership or association with the Travelling community under the Equal Status Act 2000 against Oriel House Hotel Ltd by Margaret O’Sullivan, her partner Joseph O’Donovan and her sister Theresa O’Sullivan.

Mr O’Donovan said he “was not a member of the Traveller community” but was Ms O’Sullivan’s long-term partner. Free Legal Advice Centre managing solicitor Sinéad Lucey submitted that he was “discriminated against by association”.

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The family group had booked in for dinner and a night’s accommodation at the hotel in Ballincollig, Co Cork on July 6th, 2021 to mark the First Holy Communion of Margaret O’Sullivan’s daughter that day.

Giving evidence, Margaret O’Sullivan said she noticed that while she was queuing to check in, a receptionist looked at her in a way that made her feel “uncomfortable”. She said that when she reached the desk, the first thing the employee said was “sorry, we’re overbooked”.

When Ms O’Sullivan said they had a reservation, the worker said the rooms were being cleaned and made a phone call. Two managers then approached her and again said there was an “overbooking”.

Ms O’Sullivan said the party was then “scurried” out of the lobby by the managers, who “repeatedly” offered to send for taxis. When they reached the car park, the assistant manager produced a “wad” of €600 in cash as a refund, she said.

Ms O’Sullivan said it was “quite clear the managers wanted them off the premises as soon as possible” and that there was “no offer” of either the meal they had booked or any alternative accommodation.

The complainant said the children in their group had been “extremely excited” and were playing in the lobby but became upset and started crying when she told them they could not stay.

“The older one, especially, knew the reason for refusal,” Ms O’Sullivan said of the children.

She said the group was “easily recognisable as Travellers” by the hotel staff because of the “distinctive colourful dresses and jewellery” worn by the children. Ms O’Sullivan said she was proud of her culture and proud of being a Traveller.

The hotel manager, who was not named in the WRC decisions, insisted in her evidence that she had “no idea” the party were members of the Travelling community and that she “could not distinguish them on the day”.

She said the receptionist on duty that day was “inexperienced” and made a “genuine error” when the group’s booking was taken at 4pm that day, around 2½ hours before their arrival. Travellers were “regular” guests at the hotel and she “would not tolerate or allow discrimination against them”, the manager said.

In his decision, adjudicator Thomas O’Driscoll said the hotel manager’s evidence that other Travellers who stayed at the hotel “always declared themselves as Travellers” and that she could not tell a Traveller from a member of the settled community by their dress was not “plausible”.

“It is widely known that members of the Traveller community often have distinct styles of dress which distinguish them from other groups. It is a badge of ethnicity and part of a culture of which the complainant stated, Travellers proudly uphold,” Mr O’Driscoll wrote.

He found that the women’s membership of the Travelling community – and association with the community in Mr O’Donovan’s case – was “the material fact” which led to each of them being denied accommodation.

The adjudicator awarded Ms O’Sullivan €5,000 for the effects of discrimination and €3,000 each to her partner and her sister, adding that he intended the awards to be dissuasive and proportionate.

Mr O’Driscoll also directed the hotel to draw up a “written policy of compliance with the Equal Status Acts” and ensure that all of its staff and management were trained on their duties under the law.