Courts / Dublin / Report

Man wins discrimination case against Gresham Hotel over insistence he wear face mask

Date
2022-03-08

Stage
Hearing Or Decision

Primary locality
Dublin

County
Dublin

Summary

The Workplace Relations Commission has upheld a discrimination claim under the Equal Status Act brought by James Oliver Tattan against the Gresham Hotel, O'Connell Street Upper, Dublin 1. At an adjudication hearing, Mr Tattan alleged that a hotel porter insisted he wear a face mask despite his medical exemption, causing him distress and embarrassment. He stated he possessed a letter confirming his disability, which the porter refused to examine, and that he was never offered a face shield as an alternative. The hotel denied discrimination, asserting it was complying with pandemic health and safety protocols, and claimed Mr Tattan failed to produce his exemption letter. The hotel also noted it could not produce CCTV footage as it had been overwritten. Adjudication officer Davnet O'Driscoll accepted Mr Tattan's evidence that he was not given the option of a face shield and felt compelled to leave. The officer found that mask regulations did not require coverings where a reasonable excuse, such as a disability, existed. Consequently, the commission awarded Mr Tattan €500 for distress and the effects of discrimination. The hotel's management stated the porter involved has since returned to his home country.