Cooper v Colletts Corner Limited t/a The Royal St Martin and Thompson: [2025] TRE 10

Mr Cooper, a former employee of the Royal St Martin pub, visited the premises as a customer on Christmas Eve in 2024.  He had consumed only two alcoholic drinks that day and showed no obvious signs of intoxication.  When he attempted to order a drink from the bar, the General Manager, Miss Thompson, refused to serve him citing concerns about his epilepsy.  This refusal (which occurred publicly) caused significant distress to Mr Cooper leading to him having an epileptic seizure the following morning.  Mr Cooper brought proceedings citing disability discrimination.

The Respondents in this case argued that the refusal was lawful pursuant to the Licensing (Jersey) Law 1974 which permits a manager of licensed premises to refuse to serve someone without providing a reason, and or that the decision was made out of concern for Mr Cooper’s health.

The Tribunal found in favour of Mr Cooper that the refusal to serve alcohol was substantially influenced by Mr Cooper’s epilepsy.  It held that a hypothetical comparator without epilepsy would not have been refused service.

The Tribunal emphasised that the Licensing (Jersey) Law 1974 does not override the obligations that exist under the Discrimination (Jersey) Law 2013.  The Tribunal noted that the First Respondent had failed to provide adequate training to Miss Thompson on the Discrimination (Jersey) Law 2013 and as such held them to be 100% liable.

The Tribunal awarded Mr Cooper £2,500.00 in compensation for hurt and distress.

Comment

This judgment reinforces that even if the intention is well intended it is irrelevant if the outcome results in less favourable treatment due to a protected characteristic.

It also reinforces that whilst businesses may have a discretion as to which customers they serve, such discretion must be exercised in compliance with the Discrimination (Jersey) Law 2013.