Re All Saints, Pontefract

Abstract

Ltd had been required to show that the reason for the decision had ‘nothing to do with’ a protected characteristic (here, religion or philosophical belief) of the BGEA–and it had not done so. It was accepted that the event was a lawful evangelical outreach event. That being so, it followed ‘that the decision to cancel was a breach of the Equality Act 2010 in that the event was cancelled as a commercial response to the views of objectors’ and there was no business case defence in law. Accordingly, on that basis alone, SEC Ltd had breached the terms of s.29(2) Equality Act 2010 by terminating the provision of the service to the pursuer. Furthermore, although the concern of Glasgow City Council for people from the LGBTQ+ and Muslim communities might be understandable, that missed the point: ‘The lawful opinions of others based here on religious or philosophical belief (whether mainstream or not) are not to be preferred one over another. All are protected.’ SEC Ltd had discriminated against the BGEA on the basis of a protected characteristic for the purposes of the Equality Act 2010 and the Sheriff awarded the BGEA £97,000 plus expenses. [Frank Cranmer]