Supermarket ordered to pay €12k to four Travellers asked to leave a store
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Retail chain Iceland has been ordered to pay out a total of €12,000 to four Travellers, including two children, after they were discriminated against when asked to leave a store.
At the Workplace Relations Commission (WRC), adjudicator Brian Dalton has ordered Iceland Stores Ireland Limited to pay each of the four €3,000, taking into account “the emotional upset and public embarrassment experienced”.
In his findings, Mr Dalton said Laura McDonnell, 18, Megan McDonnell, 21, and two minors provided credible evidence they could be identified as being members of the Traveller community and also that difference in treatment occurred on November 20, 2020.
Mr Dalton said the difference in treatment has been corroborated by CCTV footage that shows the four were escorted out of the shop while other young people were not.
Mr Dalton the four — represented by Christopher Mc Cann of Free Legal Advice Centres — have established facts that give rise to a presumption or inference of discrimination under the Equal Status Act.
Mr Dalton found the four had established a prima facie case they were discriminated against because they are members of the Traveller community and that Iceland Stores Ireland engaged in prohibited conduct.
In her evidence, Megan McDonnell told the WRC “that the effects of this treatment was humiliating”.
Ms McDonnell she she had done nothing wrong and the only reason she was asked to leave the shop was because she was a member of the Traveller community.
She recalled that as she entered the shop with her cousins and family, they were all chatting away and she believes that based on her accent and those of her relatives, she was readily identified as belonging to the Traveller community.
She also said that along with having a very distinctive accent she and her companions dressed in a way that is common among Traveller communities. They tended to wear their hair long and have a similar fashion style and preference.
Ms McDonnell said a CCTV recording would show that other young people like her who entered the store at the same time were not asked to leave.
Ms McDonnell and her mother asked if there was any reason why she and her companions were asked to leave. No reason was given.
In response, Iceland Stores Ireland said Travellers were welcome to shop at Iceland and the family in question have shopped many times there before.
The retailer said the security guard and manager are non-Irish nationals and would not be able to distinguish a Traveller’s accent to that of another customer in the store.
Iceland Stores Ireland said the complainants also relied on a distinguishing fashion or dress sense that they said would indicate that they were Travellers.
The retailer said: “However, on the CCTV evidence that could not be so as the comparator referenced in the video, other customers of a similar age who were in the shop at the same time also dressed in a similar way and had long hair.”
In evidence the area manager for Iceland said it was simply untrue to say that travellers were not welcome in Iceland — the facts show the complainants and family had shopped here previously and were welcome to shop at Iceland.
The area manager said the company was very conscious of its legal responsibilities and was committed to ensuring its shops both for employees and customers were free from discrimination.