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DISCRIMINATION: Bake’s off: lessons from the Bert and Ernie cake case

02 December 2016  

A controversial judgment has reignited debate about the conflict between protection from discrimination and the values of organisations and their workers. Phil Allen explains

The judgment of the Northern Ireland Court of Appeal in Lee v Ashers Baking Company [2016], better known as the Bert and Ernie cake case, has led to considerable debate. On the one side was a family-run company that did not wish to make a product endorsing something with which the owners did not agree, based on their religious ethos. On the other was a customer who had the right to order what he wanted without discrimination on the grounds of his sexual orientation.

Additional Info

  • Case(s) Referenced:

    Bull & Bull v Hall & Preddy [2012] EWCA Civ 83

    Ladele v London Borough of Islington [2009] EWCA Civ 1357

    Lee v Ashers Baking Company Ltd [2016] NICA 39

    McFarlane v Relate Avon Ltd [2009] UKEAT/0106/09/3011