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Unfair Discrimination By Estate Agent

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A Bury St Edmonds estate agent has paid out compensation in one of the first cases of sexual-orientation discrimination against consumers.

Suzanne Richards and Sarah Dobinson complained that their local office of national estate agent Jackson Stops & Staff (JS&S) had unfairly discriminated against them when it used the word ‘lesbians’ as the reference for their home on a property search website.

They instructed JS&S to sell their house in February. A few days after staff had visited Heath House to draw up details for the sale, Suzanne and Sarah looked at the Rightmove website (www.rightmove.co.uk) to look at the listing.

They were very upset to find that the reference for their property was the word ‘lesbians’. This was effectively “outing” them publicy and they were extremely anxious about the possible consequences. To make matters worse, when they raised the issue with JS&S they received a response saying “We fail to see how we have discriminated against you”.

It took the involvement of Russell Jones & Walker (RJW) solicitors for JS&S to accept they were liable and pay compensation for injury to Suzanne and Sarah’s feelings. The estate agent also agreed to train its staff in discrimination and diversity.

Suzanne and Sarah said:

"We were both shaking with disbelief and in tears when we read the property reference on the Rightmove website. We felt so violated. We had entrusted these people, welcomed them into the most intimate parts of our home and this was how they could treat us. We feel so strongly that nobody else should ever be treated like this again.”

Their solicitor, Eleanor Jennings of RJW, said:

“It is very clear from this case that the message does not seem to be getting through that businesses owe a duty not to discriminate when providing goods and services. For many reasons, people take this type of discrimination on the chin and the treatment goes unchallenged. However, I hope this case will increase people’s awareness of their rights and show that taking action to enforce them can work.”

For information about how you are protected from discrimination when using goods and services, see the fact sheet in the consumer section of Your Legal Rights. There is also a fact sheet about disability discrimination against consumers.

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