Unlocking Legal Protection for Your Business: How AI Legalese Decoder Can Help Navigate Issues with the Traveller Community in Northern Ireland
- May 17, 2024
- Posted by: legaleseblogger
- Category: Related News
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With the AI Legalese Decoder, you can easily navigate the legal terms and conditions of your insurance policy to ensure that you are taking the necessary precautions to protect your business from potential harm. The decoder can simplify complex legal language and provide you with a clear understanding of your rights and responsibilities as a business owner.
**Expanding on the Situation**
**Concerns with Booking from the Traveller Community**
As a public business owner in Northern Ireland in the entertainment sector, you have recently received a booking request from members of the Traveller community. However, based on the experiences of your counterparts in the industry, you are wary of the potential risks associated with hosting such an event. Three operators of similar businesses have had their premises completely destroyed by large Traveller communities, resulting in significant financial losses and operational disruptions.
**Insurance Policy Implications**
You have proactively reached out to your insurance company to seek guidance on the steps to protect your property from potential harm. Your insurer has emphasized the importance of taking reasonable precautions to safeguard your business assets, highlighting the critical role of these measures in upholding the validity of your insurance coverage. Failure to implement adequate security measures may jeopardize your ability to file claims in the event of damage or theft.
**Challenges and Business Impact**
Facing the dilemma of balancing inclusivity with risk mitigation, you are navigating the delicate line between non-discrimination policies and safeguarding your livelihood. While you acknowledge the legal prohibition against denying service based on ethnic background, you are also grappling with the financial implications of potential damages to your business. With upcoming weddings and revenue-generating events on the horizon, the prospect of operational disruptions and financial losses looms large, threatening the sustainability of your business.
**Conclusion**
The AI Legalese Decoder can empower you to make informed decisions regarding risk management strategies and compliance with legal requirements. By leveraging this tool, you can decipher the intricacies of your insurance policy and navigate the complexities of balancing business considerations with ethical and legal obligations. Collaborating with legal experts and leveraging technological resources can equip you with the knowledge and tools needed to protect your business interests effectively.
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****** just grabbed a
Legally, there’s very little you can do. They’re protected from discrimination under the Race Relations (NI) Order 1997.
You would even be hard pressed to bump up your prices to pay for extra security staff on the grounds they’re Travellers (and I suspect security would be fairly useless for that level of disorder – why risk your neck for a minimum wage job?)
I suspect that in practice many businesses in your position simply decline such bookings, citing availability etc. But Pontins was found to be doing that and it didn’t go down terribly well. https://www.bbc.co.uk/news/uk-68304818
Businesses in your position have come unstuck when they were too open about it with their staff https://www.theguardian.com/world/2023/sep/01/man-with-traveller-heritage-compensated-after-conservative-club-refused-to-host-christening-party
You have my sympathies, as you are between a rock and a hard place. I would probably choose the option that you consider to be lower risk and / or cheaper.
PS I would get the insurance company’s position in writing here, as they appear to be telling you to break the law. “Following our phone conversation where you stated I must take reasonable precautions to protect my property from people who I know would harm it, I would like to confirm your position with regards to accepting bookings from Gypsy, Roma and Traveller (GRT) communities. As I explained on the phone, other local businesses have suffered severe damage during disorder perpetrated by members of the same community. I therefore believe there is a significant risk of accepting this booking, but the Race Relations (NI) Order 1997 outlaws discrimination on the basis of ethnicity. GRT is a recognised ethnicity. Please could you therefore confirm to me what you consider to be reasonable precautions in this context, as I have interpreted this to mean I must decline the booking. Please also confirm that the legal cover will cover any and all costs, including damages, if I were to decline this booking and find myself the subject of a discrimination claim”
I’ve seen the other responses here and I don’t think they are setting things out correctly.
Your conversation with your insurer has thrown up a bit of a red herring.
To decline a booking from persons from a protected group for the reason that they are from that protected group would be direct discrrimination and unlawful. By the same vein, for your insurer to decline liability because yoj accepted such a booking would be unlawful. Unless you have specific knowledge that the individuals trying to book are the same individuals that have previously caused damage then you all either you or the insurer would be doing is discriminating, exactly that which equality laws are rightly there to prevent.
Now, should you, in the course of your discussions with those who run similar venues have been told it was these specific people or their known associates who caused damage, you would be within your rights to decline the booking. That would not be on the basis of “what” these people are but specifically “who” these people are I.e. people known to have damaged other businesses. If you can’t do that then you have arguably taken reasonable precautions and your insurer can’t decline liability (assuming you’d be covered for whatever happened).
One question that may give clarity to the points in my second paragraph: how do you know that the people wanting to book are from the travelling community?
Ask you insurance what they consider to be reasonable measures
Do you not have large group deposits at your workplace, where this must be paid in full before they come?
they may not want to pay that, and if they do hopefully it would cover enough for potential damages.
edited because I wasn’t clear and hadn’t had a coffee yet.
Given how much money is at stake here, it’s probably worth seeking professional advice.
Could you find someone with experience of traveller events, and hire them for the day?
I know a pub manager who wasn’t told there was an annual traveller event about to happen outside his new pub, but he survived it and gained a bit of experience and some contacts inside the community which enabled him to limit the problems next time.
When he moved to a new venue he impressed the top brass by being able to limit the issues arising from a similar event there. They sold lots of overpriced beer and the travellers kept the violence to themselves and did it at the far side of the car park. As I understand it, there is an element of knowing which travellers will keep the others from going too far.
I would agree with the others that your insurance company’s stance isn’t really helping the matter and is a bit of a red herring.
The core issue here is that you can’t deny a booking to someone simply on the basis they’re part of the Irish traveller community due to it being a protected characteristic (in the same way you couldn’t deny a booking on the basis they were black, gay or muslim). For peace of mind I would ask for confirmation of what your insurance company meant by their advice in writing, as on the face of it it sounds like they’re asking you to break the law in order to qualify for an insurance payout should it be necessary. *However*, if push came to shove, they couldn’t avoid a payout simply because you took the booking from Travellers.
You *can* deny a booking if the people or known associates of the people have known to be destructive or unruly – in that case, it’s you drawing reasonable conclusions from the actions of specific people.
You leave out how you know the people booking are Irish travellers – not accusing you of anything, but I’d imagine the answer to why will inform what you can do. If you know they’re travellers because you know who they are and you know they smash the place up, that’s a legitimate reason to deny the booking. If you ‘know’ they’re travellers because they have Traveller-sounding names or someone has mentioned they’re in the area then you can’t block the booking on that basis.
NAL
Could you change your term and conditions for all your clients and ask for a booking deposit and an accidental damage deposit – the latter being refundable if nothing is damaged?
If the deposits are not paid then you cannot honour the booking?
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>They have stated that I must take reasonable precautions to protect my property from people who I know would harm it
But you *don’t* know that they would harm it. That’s rather the point here, I think. If *this particular group* of Travellers or their associates are known to engage in unruly behaviour then you’d legitimately decline the booking on that basis. If the only thing you know is that they are Irish Travellers then assuming they will be unruly on that basis is what would tip it into discrimination.
See: Pontins Southport falling foul of this for its policy of declining bookings from people with Irish Traveller-sounding names.
I agree with the comment saying to follow up with the insurer pointing this out and asking them to confirm their position in writing.
If you know that specific people who have caused damage elsewhere are booking or attending, you’re not “discriminating against GRT”, you’re “refusing service to known troublemakers”.
If not, you don’t have a lot of choice but to accept the booking as normal. Any “tweak” to your booking process (higher costs or deposits) will be discriminatory in the same way as simply refusing the booking.
As a practical matter, any fine for refusing the booking will likely be small compared to the damage you risk; and may never eventuate anyway (especially if you can e.g. accept another booking on the date, ideally for a higher fee, even if it ends up being cancelled last minute with no deposit paid).
Nal but surely you cannot offer a service without insurance. The insurance company is discriminating not you and without insurance you cannot legally operate. Let the insurance company fight it in court or start a pub watch and they’re automatically banned from every establishment in the area after any incident
If they only want to pay in cash then it’s easy. Change your policies and sign post them every where including on your website that you will only accept card payments and must have a deposit on a credit card for venue hire. It’s not illegal in Northern Ireland to do that. You’re not discriminating against anyone of any race. You’re just changing your policies because you’ve decided its easier to not carry cash on the premises and by having all deposits paid for by credit card it shows you that the person booking has at least a halfway decent credit score.
Is breaking the law a reasonable precaution? It doesn’t seem like it to me. Hiring extra security maybe, even if the event runs at a loss. Security doesn’t need to be effective against every scenario, it just needs to be a reasonable precaution.
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I would advise that you go and have a chat with your local police to see if they can support you, explain the situation and your concerns citing the previous events at other sites They may be able to offer some advice or perhaps even some form of assistance and I’d certainly think that’d fall under your insurers requirement of “reasonable precautions”. Presumably those other sites have filed police reports so it’d be good Intel for the police and perhaps even actionable, so gather all the evidence you can such as cctv and details from the business owners so you can present a nice neat package when you do
I’d also highly suggest you go talk to a couple of solicitors and while you’re at it the local council.
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Let’s hope you don’t have a plumbing problem so the toilets can’t work forcing you to close on health and safety grounds that would be awful
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Maybe ask for proof of address to make big bookings? This doesn’t discriminate, as it would apply to everyone, and it ensures action can be taken if anything happens at events.
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NAL. You may have shot yourself in the foot contacting your insurance… As they have said you must take reasonable precautions to protect your property, and refusing a group of customers who are known to trash and steal is reasonable.
I don’t think there’s anyway you’ll be able to have them as customers and claim damages from your insurance after you’ve already told them you know they’re dangerous.
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One question to consider is whether you can actually connect this definitively to any previous incidents.
If it is the same group that have damaged previous locations and you can prove it, then it would seem fair to ban a specific group you know to be trouble – you aren’t banning a community as a whole, just that specific group.
So the names it was previously booked under, car registrations or any other information could be your saviour.
If you dont have any more proof than traveller = bad, then you are ultimately discriminating as you have no idea how this particular group will treat your location. You could be wrong and they will be the perfect guests, or the stereotype could be perfect and they are assholes, but you can’t know either way for sure.
I think here discrimination laws and your insurance will be big parts, and realistically getting proper definitive legal advice before responding…
Do you serve food and drinks? Will be a little last minute but what if your hot water system had an unforeseen breakdown on the day of their event? Or day before?
Can’t legally serve food etc without adequate hand-wash facilities for staff and hot water availability etc. Gives a legal and plausible reason for cancellation and closure and can easily be repaired in time for the next event.
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