Bower V Brewdog Plc [2019] EW Misc 16 (CC) (23 May 2019)

Bower V Brewdog Plc [2019] EW Misc 16 (CC) (23 May 2019)

The defendant's pricing policy constituted direct discrimination on grounds of sex under Section 13 of the Equality Act 2010. The requirement for the claimant to identify as female to obtain the lower price was an additional term amounting to less favourable treatment. The statutory exceptions and positive action defences under the Equality Act 2010 did not apply, as the campaign was not sufficiently justified or proportionate, nor was there evidence it enabled or encouraged overcoming the pay gap disadvantage.

Citation
[2019] EW Misc 16 (CC)
Parties
Claimant: Dr Bower; Defendant: Brewdog Plc
Jurisdiction
England and Wales
Judgment Date
23 May 2019
Procedural Posture
Small Claims Hearing / Judgment
Outcome
Judgment for the claimant
Legal Topics
Direct Discrimination, Sex Discrimination, Positive Action, Damages for Injury to Feelings
Equality Law Discrimination Law Civil Procedure Direct Discrimination Sex Discrimination Positive Action Damages for Injury to Feelings

Case Brief

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Parties

Dr Bower

Claimant

Brewdog Plc

Defendant

Procedural Posture

Small Claims Hearing / Judgment

Legal Issues

  1. 1 Whether the defendant's pricing policy constituted direct discrimination on grounds of sex under the Equality Act 2010
  2. 2 Whether the defendant could rely on statutory exceptions or positive action defences under the Equality Act 2010
  3. 3 Appropriate measure of damages for injury to feelings

Ratio Decidendi

The defendant's pricing policy constituted direct discrimination on grounds of sex under Section 13 of the Equality Act 2010. The requirement for the claimant to identify as female to obtain the lower price was an additional term amounting to less favourable treatment. The statutory exceptions and positive action defences under the Equality Act 2010 did not apply, as the campaign was not sufficiently justified or proportionate, nor was there evidence it enabled or encouraged overcoming the pay gap disadvantage.

Court Disposition

Judgment for the claimant

Orders

  • Defendant to pay £1,000 damages for injury to feelings to Dr Bower by 6 June
  • Defendant to pay £285 for court and hearing fees