Thursday 23 May 2019

Man with tumour awarded €3,500 after he was kicked out of pub because they thought he was drunk

(stock photo)
(stock photo)

Gordon Deegan

A pub has agreed to pay €3,500 compensation to a man with a brain tumour after it ordered him to leave the premises.

The District Court was told that the tumour caused the man to limp, and that this was interpreted by pub staff as a sign of being drunk.

The man was in the pub celebrating the end of treatment for the growth.

The court was told that he suffered "significant distress and embarrassment" when asked to leave, even though he had explained his disability to staff.

The Irish Human Rights and Equality Commission (IHREC) provided legal representation to the man in his application to the court for redress under the Intoxicating Liquor Act 2003.

The matter was settled without court hearing after the pub agreed to give the man €3,500 compensation and issue a meaningful apology.

Management at the pub also agreed to attend an annual equality training course, and to report back to the IHREC under the agreed settlement, which saw no admission of liability.

An IHREC spokesman said: "In addition, the licensed premises agreed to provide a policy on treating all customers equally and making reasonable accommodation for customers with disabilities in line with obligations under the Equal Status Acts 2000-2018 and Intoxicating Liquor Act 2003".

The IHREC can, in certain circumstances, provide legal assistance to a person who wishes to bring a matter of human rights or equality of treatment before the courts

IHREC Chief Commissioner Emily Logan said: "The Commission welcomes this legal settlement, and the clear message it sends that discrimination in private services, including licensed premises, is not acceptable and can be challenged.

"As this case demonstrates, issues arising from brain injury should not mean you risk discrimination when socialising.

"It is important that people providing services are trained and supported by employers in understanding the varied needs of their customers.

Ms Logan argued that "the Intoxicating Liquor Act is acting as barrier for people in accessing justice when they face discrimination in licensed pubs, clubs or hotels, because it says that they must take their case to the District Court, often requiring legal advice and resources.

"The Commission believes people should be encouraged to report discrimination by being able to have those cases heard in the non-court setting of the Workplace Relations Commission."

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