Black & Anor v Wilkinson

Black & Anor v Wilkinson

The defendant's policy of restricting double rooms to married couples constitutes direct discrimination against homosexual couples on grounds of sexual orientation under the Equality Act (Sexual Orientation) Regulations 2007. The policy cannot be justified by reference to matters other than sexual orientation, as...

Source-derived case information.

Parties
Respondent: Michael Black; Respondent: John Morgan; Appellant: Susanne Wilkinson
Jurisdiction
England and Wales
Judgment Date
09 July 2013
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Sexual Orientation Discrimination, Religious Freedom, Justification Defence, Proportionality, Accommodation Services, Equality Act (sexual Orientation) Regulations 2007
Anti Discrimination Human Rights Civil Procedure Sexual Orientation Discrimination Religious Freedom Justification Defence Proportionality Accommodation Services +1 more

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Summary, issues, holding and outcome

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Parties

Michael Black

Respondent

John Morgan

Respondent

Susanne Wilkinson

Appellant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether refusal of double room accommodation to homosexual couples constitutes unlawful discrimination under the Equality Act (Sexual Orientation) Regulations 2007
  2. 2 Whether the defendant's bed and breakfast is a 'boarding house or similar establishment' under regulation 4(2)(b)
  3. 3 Whether regulation 6(1)(a) exception applies

Ratio Decidendi

The defendant's policy of restricting double rooms to married couples constitutes direct discrimination against homosexual couples on grounds of sexual orientation under the Equality Act (Sexual Orientation) Regulations 2007. The policy cannot be justified by reference to matters other than sexual orientation, as the balance between religious manifestation and protection from discrimination was struck by Parliament after wide consultation, and no evidence was provided of serious economic harm to the defendant. The appeal is dismissed.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • The defendant's policy is unlawful under the Equality Act (Sexual Orientation) Regulations 2007.