Posted: April 22nd, 2019
An agreement has been reached to to pay €3,500 in compensation to a man with a brain tumour who was asked to leave a licensed premises after he was mistaken for being intoxicated.
At the time the man was in the pub celebrating the end of rehabilitative treatment for his brain injury. He was also suffering from a bad limp due to his condition. However, staff of the premises mistook took this as a sign that he was drunk and asked him to leave, despite his best efforts at explaining the reasons for this.
The man, who was provided with legal representation by the Irish Human Rights and Equality Commission (IHREC), said that the incident had “caused him significant distress and embarrassment.” he made an application to the District Court for redress under the Intoxicating Liquor Act 2003.
Once an apology was issued, the matter was settled without court hearing after the licensed premises agreed to pay the man €3,500 compensation.
In addition to this, the management of the licensed premises have committed to attending an annual equality training course. There was no admission of liability required.
An IHREC spokesman said: “In addition, the licensed premises also agreed to provide a policy on treating all customers equally and making reasonable accommodation for customers with disabilities in line with obligations under the Equal Status Acts 2000-2018 and Intoxicating Liquor Act 2003,”
IHREC chief commissioner Emily Logan said: “As this case demonstrates, issues arising from brain injury should not mean you risk discrimination when out socialising. It is important that people providing services are trained and supported by employers in understanding the varied needs of their customers.”
She added that “the Intoxicating Liquor Act is acting as barrier for people in accessing justice when they face discrimination” because it says that they must take their case to the District Court, a course of action which necessitates legal representation. Ms Logan urged for these cases to be heard in the non-court setting of the Workplace Relations Commission in future.