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A cake on a cake stand

Supreme Court Decision in the ‘Gay Cake’ Case: Episode 109

A summary of the decision in the Supreme Court Discrimination case of

Lee v Ashers Baking Company Limited

In this episode of the podcast I cover the high profile case which has become known as the ‘Gay Cake’ case, in which the Ashers Baking Company Limited refused to create and sell a cake to Mr Lee containing the slogan ‘Support Gay Marriage’. Although not an ’employment’ case it is relevant to the area of discrimination in employment. 

In this episode I will cover:

  • The basis in law for the claim.
  • The facts of the case.
  • A summary of the supreme court decision.
  • My thoughts on the case and why this judgement was the outcome.
  • Comparison from a ‘similar’ case in Colorado in the US.

Action Points

  1. Ensure that you and any managers, supervisors and decision makers in your business are aware of the law regarding discrimination and the potential implications in the service or goods you sell/provide, as well as in respect of employees;
  2. Get some specific training for staff in Equality & Diversity and update regularly;
  3. Check any policies and procedures that you have in your business to ensure they are compliant with your obligations under the Equality Act.

We offer training on Equality and Diversity for staff and we can review your contracts, procedures and Handbooks for you so please do get in touch if we can be of any assistance.

Useful Links

Lee v Ashers Baking Company Limited – Supreme Court Judgement 

BBC Report on Case

Masterpiece Supreme Court Case from Colorado – CNN news piece

Please do leave any comments or observations you have on this case below. Please ensure that any comments are respectful to all views and opinions.

As part of our HR Harbour annual subscription service for employers we provide guidance and training on the Equality Act 2010. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don’t forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

Big thanks to Leslies Motors who have loaned us a new Kia Ceed to trial for the month – www.lesliesmotors.co.uk

Photo by Annie Spratt on Unsplash


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The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.

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