The Equality and Human Rights Commission (EHRC) launched an investigation into discrimination against Gypsy and Traveller guests at Pontins after being contacted by a whistleblower.
Pontins, which is a British company who operate holiday parks in the UK, was founded in 1946 by Fred Pontin and has been owned by Britannia Hotels since 2011. Pontins specialises in offering half-board and self-catering holidays at their holiday park resorts. The EHRC is a public body with responsibility for promotion and enforcement of equality and laws against discrimination.
EHRC investigation into discrimination against Gypsy and Traveller guests at Pontins
The EHRC investigation found that Pontins had an “undesirable guests” list on its intranet, listing mainly common Irish names to enable call handlers to identify “unwelcome” guests to its parks. The blacklist was part of a policy of refusing bookings by Gypsies and Travellers to its holiday parks.
According to the iNews website, there were 40 names on the list, including Boyle, Keefe, Gallagher, O’Donnell, McGuiness, Murphy, and O’Reilly.
The list included a cartoon figure of Gandalf from Lord of the Rings and the words “you shall not pass!”. The text above the list of names read:
“Please be aware that several guests are unwelcome at Pontins, however some of these will still try and book – especially during school holidays. We have been informed by our Operations Director that we do not want these guests on our parks. Please watch out for the following names for ANY future bookings:”
And below the list:
“If you find any undesirable guests trying to book then we need to refuse the booking using our T&C below: – Our Right to Decline this Booking, we can decline any booking at our sole discretion. We reserve the right to cancel or terminate your holiday and that of the rest of your party at any time. If you are taking a booking or query and you are unsure about the guest(s) please signal a floor walker and we will listen in to the call and guide you through this”.
In addition to the list, the investigation found that Pontins had been monitoring calls to its contact centre and refusing or cancelling bookings made by some people with Irish accents or surnames, as well as using its commercial vehicles policy to exclude Gypsies and Travellers from its holiday parks.
The outcome of the investigation was a finding by the EHRC that by declining to provide its services to guests of a certain race or ethnic group, Pontins was “directly discriminating on the basis of race” and had “breached the Equality Act”.
The EHRC and Pontins’ parent company have signed a legally binding agreement which requires Pontins to investigate, review its booking policies and run annual equality and diversity training for staff. The EHRC has powers to conduct a wider investigation if Pontins does not abide by the agreement.
Law
The Equality Act 2010 (EA) sets out the circumstances in which discrimination on grounds of protected characteristics (such as race) will be unlawful. The EA covers discrimination in the workplace but also in the provision of goods and services, such as this example.
The EA recognises Gypsies and Travellers as distinct racial groups which are protected from unlawful discrimination.
In addition to race, the EA also protects against discrimination on grounds of gender, disability, age, sexual orientation, marriage and civil partnership, gender re-assignment and religion or belief.
In addition, workers and employees who blow the whistle at work like in this case, are also protected from dismissal and detrimental treatment provided various criteria are met. Read more about whistleblowing protection here.
Advice
Whilst we would hope that this is an isolated case, according to research by the Traveller Movement, a campaign group for the community, some 91% of Britain’s Gypsies and Travellers say they have experienced discrimination and businesses are advised to make sure that this area of discrimination is covered in their policies and related training for staff and their reviews of business practices.
Providers of goods and services can face legal action from those who claim to have suffered discrimination (who can bring claims for losses and injured feelings in the Civil Courts) as well as the prospect of an ECHR investigation as in this case. Such cases also attract significant media coverage.
How can Nelsons help?
At Nelsons, we can assist businesses and other organisations who provide goods and services with advice and representation in allegations of discrimination against customers. We can also assist with reviewing policy documentation and the provision of equality and diversity training for staff.
For more information, please call 0800 024 1976 or contact us via our online enquiry form.