Store must pay Traveller in status case

A supermarket has been ordered to give a member of the Travelling community £1,000 (€1,270) worth of free shopping by an equality…

A supermarket has been ordered to give a member of the Travelling community £1,000 (€1,270) worth of free shopping by an equality officer.

Ms Ann McDonagh complained that she was asked to leave a Tesco supermarket in Waterford on the grounds that she was a member of the Travelling community.

In the first decision relating to a supermarket in an equal status case, Ms McDonagh was also awarded £1,500 (€1,905) for embarrassment, humiliation and loss of amenity.

The equal status case was taken to the Office of Director of Equality Investigations by Ms McDonagh against Tesco Ireland Ltd, Lisduggan branch, Waterford.

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Ms McDonagh claimed she was discriminated against on February 27th, 2001. She was approached by a floor manager and asked to leave the premises while she was shopping. Tesco denied the allegations and said Ms McDonagh was asked to leave because she had been barred previously from the store.

Ms McDonagh made her claim under the Equal Status Act 2000 in that she was denied a service which was generally available to the public.

Sitting in Waterford, the equality officer found that Ms McDonagh had established a prima-facie case of discrimination on the Traveller community ground. He also found that the supermarket failed to provide sufficient evidence to rebut the claim that it discriminated against her.

He ordered that Tesco provide her with free shopping to the value of £1,000 (€1,270). He also ordered that the supermarket pay a further £1,500 (€1,905) for the embarrassment and humiliation she suffered and the loss of amenity she had suffered since the date of the incident.

The Office of Director of Equality Investigations deals with cases under both employment equality and equal status legislation.

It is headed by Ms Melanie Pine, director of equality investigations, and staffed by equality officers and equality mediation officers.

The Equality Authority has welcomed the decision. Mr Niall Crowley, chief executive, said it was testament to the discrimination experienced by the Traveller community and their ability to challenge this under the new legislation.

He said service providers should ensure their staff were trained in this area and put in place equal status policies for their organisations.