Discrimination in Bars and Restaurants: What UK Law Says
The Equality Act 2010 makes it unlawful for businesses to discriminate against customers. This includes pubs, bars, restaurants, cafes and takeaways. Any business that provides goods or services to the public must treat people fairly, regardless of who they are.
Under the Act, it is against the law to refuse service, offer worse service, or treat someone unfairly because of a protected characteristic. These characteristics are: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.
There are limited exceptions. Businesses may in some cases take positive action to address disadvantage, or apply different treatment where it is a proportionate means of achieving a legitimate aim. These exceptions are narrow and do not give businesses a general right to discriminate.
Despite these legal protections, discrimination still happens. Some incidents make the news, such as cases where restaurants have refused entry to guide dog owners or where staff have made racist remarks to customers. Advocacy groups and equality bodies suggest that many incidents go unreported, though precise figures are difficult to establish.
Discrimination does not always involve being turned away at the door. It can also include being made to wait longer for service, being seated in a less desirable area, receiving hostile treatment from staff, or being asked to leave without good reason. This treatment may be unlawful if it occurs because of a protected characteristic, though specific circumstances will determine whether a legal claim would succeed.
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Direct discrimination is the most straightforward type. This is when someone treats you worse than others specifically because of a protected characteristic. A bar refusing to serve someone because of their race, or a restaurant turning away a couple because of their sexual orientation, would both count as direct discrimination.
Indirect discrimination can be harder to spot. This happens when a business has a rule or policy that applies to everyone but puts people with a certain characteristic at a disadvantage. A dress code that bans head coverings, for instance, could indirectly discriminate against people who wear religious headwear. Such policies may still be lawful if the business can show they are a proportionate means of achieving a legitimate aim.
Businesses also have a duty to make reasonable adjustments for disabled customers. This might include providing menus in large print, allowing assistance dogs, or making physical changes to improve access. Failing to make these adjustments when they are needed can itself be a form of discrimination.
Harassment is another form of unlawful conduct. If staff or other customers create a hostile or degrading environment and the business does nothing about it, this may give rise to a complaint.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
What to Do If You Experience Discrimination
If you believe you have been discriminated against, there are practical steps you can take.
- Make a note of what happened as soon as possible. Write down the date, time, location, what was said or done, and the names of any staff involved if you know them.
- Get contact details of any witnesses who saw what happened.
- Keep any evidence you have, such as receipts, photos or messages.
- Consider raising the matter with the business directly. Some businesses will take complaints seriously and may offer an apology or explanation.
If you are not satisfied with the response, or if the discrimination was serious, you may want to take things further. You can contact the Equality Advisory Support Service, which offers free advice on discrimination issues. Citizens Advice can also help you understand your options.
You may be able to bring a claim in the county court. Time limits for discrimination claims can vary depending on the type of claim, so it is worth getting legal advice early. Legal aid is not generally available for discrimination claims, but some solicitors offer initial consultations at no cost.
Reporting Discrimination and Getting Support
You do not have to take legal action to report discrimination. Making a complaint can still be worthwhile, both for you and for others who might face similar treatment.
You can report incidents to local trading standards or to the local council. If the discrimination involved a hate crime, such as verbal abuse or threats linked to race, religion, sexuality or disability, you can report this to the police.
The Equality and Human Rights Commission is the body responsible for enforcing equality law in England, Scotland and Wales. It monitors compliance with the Equality Act, publishes guidance for businesses, and can take enforcement action against organisations with a pattern of unlawful conduct. The Commission does not usually take up individual complaints, but it uses reports to identify systemic problems.
For more information on your rights under the Equality Act 2010, visit GOV.UK. The official guidance sets out what counts as discrimination and explains what businesses are required to do.
Discrimination can be upsetting and frustrating. Understanding your rights can help you decide whether to pursue a complaint. If something does not feel right, it may be worth seeking advice on whether you have grounds to take action.
I have a nut allergy (anaphalaxis).
Today, I went for lunch with friends to a restaurant I had not visited previously. I avised the waitress of my allergy, and she said I would have to sign a disclaimer. She then asked if I carry an EpiPen (I do). I thought this was a precaution, but she then refused to serve me as she said the restaurant could not guarantee my safety.
She said this was the decision of the restaurant owner. I have rarely experienced such an extreme reaction. It was emabarrassing as me and my friends had to leave.
I was wondering what the legal situation is in this respect. I have subsequently checked their website online and it does state that they are unable to cater for individuals with severe allergies.
This feels discriminatory, but I would welcome your views.
Thanks
I visit Babbacombe Downs every year. Over the years we have often popped into this pub for a drink or a meal whilst out walking. However, over the last 3 years they see themselves as so exclusive they turn people away at the door even though the pub and beer garden are completely empty. The excuse is we're always given is, taking bookings only. Happened again this weekend. As a family group we had taken our in-laws away for a joint 80th birthday celebration to Babbacombe. We done our usual walk on Saturday from Oddicombe Beach over to the Cary Arms. We could see, once again, the pub was totally empty and only one couple were sitting in the large beer garden. As our 80 year old inlaws were tired and in need of a drink. My husband went to the doors and, again, told by a member of staff they were fully booked and could only take pre-bookings. We would only have been there for 30 minutes and would have sat in the empty beer garden....and yes we were in casual clothes because we were out walking. Therefore about an hour later a couple in our group, who had not been seen, got changed and went back. They asked if they could have a drink in the beer garden and were allowed in.
Shame on you Cary Arms with your outdated snobbery, discriminatory approach. Must be wonderful to be in a position to turn away all that custom because you judge how people look at the door. Luckily we were able to call a friend to drive down the hill and take our 80 year old in-laws back up the hill to the establishments who accept people as they are
Some years ago, I drank on a regular basis in a Central London pub - The Swan, Lancaster Gate. I could have recommended it as a great pub. It really had novelty value. In the back bar, a man named David who played piano every weekday evening - highly popular with tourists.
I often drank there about 3 evenings a week.
After a while, I was befriended by 2 Dutch sailors and as they seemed to be the only other regulars there themselves, we had a good 'rapport.' It was highly convivial.
However, it all trend 'sour' when one night, befriending them in turn for the amount of times they had done so with me, they explained they were no longer interested in my company, and I only wished to drink with them as they were 'working class.' It was their 'regular' and I was no longer welcome!
I considered it to be ultimately the decision of the pub management as to whether I was welcome there, but that was, alas, my last visit.
From good pub to bad pub - in 12 - 18 months.
P.S. Intuition, but I cannot help but think that if, after a while I no longer wanted their company, they would have said that if I thought myself better than they were, to find myself another pub.
Reply if you wish.
Thank you.
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