Teenager who was asked to leave Sports Direct shop fails in discrimination claim

A 13-year-old girl who was asked by a security guard to leave a Sports Direct outlet where she had gone to buy a pair of football boots has failed in her claim of age discrimination against the company.

The Workplace Relations Commission (WRC) ruled that it has no legal power to make a finding that the store had discriminated against the girl as the Equal Status Act stipulates that nobody under 18 years can be discriminated against on grounds of age.

The girl did not attend the WRC hearing as she was attending school but her case was presented by her mother who claimed her daughter was most upset by the incident.

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She claimed her daughter’s interaction with Sports Direct, where she and a friend were asked to leave the store by a security guard, was “wholly unsatisfactory”. The woman also alleged that her daughter had suffered victimisation.

Solicitor for Sports Direct, Ursula Cullen, said the company rejected any claim that there had been any discrimination or victimisation in the case.

Ms Cullen also challenged the jurisdiction of the WRC to hear the claim on the basis that the Equal Status Act 2000 specifically states that treating anyone under 18 years less or more favourably than another person regardless of their age shall not be regarded as discrimination on grounds of age.

In her ruling, WRC adjudication officer, Penelope McGrath, said she fully accepted the girl had gone into the Sports Direct store for the express purpose of buying a pair of boots to play her GAA matches.

Ms McGrath said she also accepted that the girl had a €50 note with her and was not entering the premises “for other nefarious purposes”.

She said it appeared the girl and her friend drew the attention of a security guard who asked them to leave the store as they were underage and not accompanied by an adult which she was informed was store policy.

Ms McGrath said there was a small sign in the store’s window that was “lost perhaps” together with an image and a caption that stated “children must be supervised at all times”.

However, she observed that no upper or lower age limit was stated on the sign.

Ms McGrath said she found it hard to believe that a policy that allowed for older children being asked to leave just because they were under 18 was strictly implemented.

“It’s just simply not consistent with the target market that shops such as Sports Direct aim their wares and merchandise at,” she added.

Ms McGrath remarked that she could not believe that staff regularly refuse sales on the grounds of customer youth.

“I daresay that there is many a household that would confirm that the only place their teenage children shop are sports shops such as that run by the respondents,” she added.

Ms McGrath said she accepted the girl was distressed, humiliated and upset as she felt she had been identified as doing something wrong and consequently was asked to leave the store.

The WRC heard that the girl had experienced anxiety episodes as a direct result of the incident.

Ms McGrath noted that the girl’s mother had engaged with a customer service chat service by Sports Direct which stated there was no age restriction policy in place.

However, the WRC said that it was subsequently told that it applied in its UK outlets but not in its Irish branches.

Ms McGrath acknowledged that legislation prevented her from making a finding that anyone under 18 was discriminated against on grounds of age.

However, she commended the girl’s mother for trying to right a perceived wrong.

She also observed that Sports Direct’s stated policy was not well advertised and “flies in the face of what one could expect”.

Ms McGrath said the company did not seem to realise the potential damage that such an incident could have on an otherwise happy-go-lucky little girl.

She noted that Sports Direct had not offered any apology but had “doubled down” on its position which she accepted it was entitled to do.

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