Sex Matters and making a 'small claim'

[RogueFemale]

I saw this on https://sex-matters.org/practical-help/take-a-small-claim-for-belief-discrimination/ which I think is extremely useful. I've used small claims about five times over the years - very simple and I won every time. I didn't know it could be used for belief discrimination.

There was a thread recently here, the woman who videoed in M&S, and some comments saying she was out of order to challenge the employee. SM says that '3.51 A service provider… will be liable for unlawful acts committed by their employees unless they have taken reasonable steps to prevent such acts.'

I think this is potentially a grass roots approach to challenge shops and services who are failing to adhere to Equality Act 2010.

Hi, Rogue, there's a thread here already, lots of good discussion on it!

https://www.mumsnet.com/talk/womens_rights/5535985-belief-discrimination-take-a-small-claim-says-sex-matters

But the M&S employee did nothing unlawful, and nor did his employer. It is lawful to offer mixed sex changing rooms provided there is no pretence that they are single sex.

I hope you're going to develop a better understanding of the law before you launch into a claim, otherwise you're going to lose an awful lot of money.

I hope you're going to develop a better understanding of the law before you launch into a claim, otherwise you're going to lose an awful lot of money.

You clearly have no idea about the small claims rack in the county court as it's never going to cost "an awful lot of money" even if you did lose. Court fees are on a sliding scale dependent on the amount claimed from £35 fee for a claim of £300 right up to £455 for a claim of £5,000-£10,000.

In the small claims track costs are not awarded against you even if you do lose. The only exception is if you act unreasonably (e.g., bringing a dishonest claim, refusing to negotiate, or failing to attend), the court has the discretion to order you to pay the other side's legal costs.

Amusing you didn't address the substance of my post which is that OP is absolutely wrong about what is or isn't unlawful but is still proposing launching a claim which is doomed to lose. Whether they will lose lots of money or just some money does indeed depend on the size of the claim, but nonetheless they will lose money and for no purpose.

Sex Matters may have opened up a potential cluster fuck of confidently wrong people launching themselves into claims with a profound misunderstanding of their legal situation. Who does it actually help if GCs start losing claims left right and centre?

Perhaps you're right. IANAL. I don't know what the exact facilities were in the M&S in the video.

But I know that Sex Matters have complained to M&S for providing mixed-sex changing rooms and no women-only. https://sex-matters.org/posts/single-sex-services/ms-warned-mixed-sex-changing-rooms-could-be-unlawful/

I also know that WRN has identified at least one M&S store, in Shoreham-by-sea, which has a men-only changing room, a mixed-sex one, but no women-only.

Naomi Cunningham posted yesterday on X suggesting that men-only toilets but only mixed-sex ones available for women is 'direct discrimination against women' (in a discussion about the Barbican).

(Link below to her thread via nitter. The Barbican Centre not the ideal example as it does have women-only as well).

P.S. I wasn't 'proposing' (as you claim) that the M&S video woman should bring a claim, - I don't know this woman! - it was just by way of an example, perhaps a bad example, so I apologise for misleading anyone. I think it was more seeing that the guidance said that a company could be liable for unlawful actions by its employees, and the M&S male staff member sprang to mind.

If you read the Sex Matters advice, it is very detailed and provides clear examples. The process for making a claim is quite lengthy and I doubt anyone would bother to pursue one if they weren't sure the claim was solid, and I certainly wouldn't recommend claiming if you weren't sure.

https://nitter.net/LoudBonnet/status/2061393455683686806#m