The respondent is a Barber’s shop which refused to cut the complainant’s hair.  She asserted she had previously had her hair cut by the respondent who vehemently denied this.

The complainant established a prima facie case because she was refused service and it was because of her gender.  The respondent presented its lease to the Tribunal which had a provision that its premises were to be used only “as a barber shop to include retail sale of ancillary products and the provision of hot shaves”.  It also argued that its insurance did not cover women’s hairdressing.  Finally, it argued that section 5(2)(c) of the Equal Status Acts provided it with a specific exemption.  That subsection states that subsection 1 of section 5 does not apply in respect of

“differences in the treatment of persons on the gender ground in relation to services of an aesthetic, cosmetic or similar nature, where the services require physical contact between the service provider and the recipient,”

The Equality Officer found that the respondent was constrained by the terms of its lease, that it was entitled to rely on the exemption provided under section 5(2)(c) and the complaint was not upheld.