West Midland's Network - Concessionary travel for waspi women

ArcticRoll

Details found here: https://www.networkwestmidlands.com/tickets-and-passes/older-persons-pass/women-s-concessionary-travel-scheme/

The gist of it is that women born 6th March 1954 - 5th November 1954 are entitled to free concessionary off-peak bus travel. I don't live in the West Midlands but my attention was brought by a couple I know who think this constitutes discrimination both on grounds of gender and sexual orientation and are currently having a back and forth with the council over it.

The discrimination based on gender argument is something there's little point expanding upon because the case is self-evident. What's interesting is that they're claiming discrimination based on sexual orientation. Presumably an indirect rather than direct discrimination, but something they believe falls foul of the Equality Act 2010 anyway.

Their argument is that West Midlands Network sells 'day tripper' tickets, both 'Family' tickets that can be used by 2 adults, and single tickets for just 1 adult. The cost of a single 'all day' ticket for a non-concessionary adult is £6.90 and the cost for the 'Family' ticket, on which their website states 2 adults can travel on, is £12.20.

One of them was born within the time frame that would allow them concessionary travel if female (4th April 1954).

Their argument is that as West Midlands Network sells 'family' tickets, and acknowledges the use of the 'family' ticket could be for two adults travelling together, that if they were a heterosexual couple (and the partner born 4th April 1954) the cost to their household of travelling on the bus network for a whole day would be £6.90 as they would only need to purchase one £6.90 'adult' ticket. Whereas because they're a male homosexual couple, despite the fact that one is the same age as someone who would get free travel if they were female, the cost to their household is £12.20.

It's fascinating and leaving aside the discrimination based on gender argument, as there seems to be not much to say there, does the fact WMN offers and acknowledges 'Family' in the terminology of their 'day-tripper' ticket mean they'll find it difficult to defend against an allegation that the concession for women born between 06/03/54 - 05/11/54 is indirectly discriminatory against homosexual couples who cannot travel for the same price on the same service than a heterosexual couple of exactly the same ages?

(boon time for female homosexual couples too I guess :rotfl:)

Thoughts?

DropZone1

Interesting. The law does explicitly prohibit direct and indirect discrimination. With men of the same age it would be direct discrimination. With same-sex male couples probably indirect discrimination. I'm thinking of instances where bars have tried to prevent same-sex couples from entering using a 'mixed couples only' excuse. They claim it wasn't directly discriminatory against gay couples because it wasn't explicitly a 'no gays' policy but indirectly it did discriminate, which is prohibited under the Equality Act. Given that they offer a family ticket yet a heterosexual couple of that age can travel cheaper on separate tickets than a male homosexual couple could either individually or on the same family ticket, it has potential to be legally problematic if challenged in court in my view.

They probably think they're making a good gesture towards women of that age but they are not entitled to create discrimination because they feel it is the right thing to do. Unless there is a need particularly to get more women born in 1954 travelling on buses  as part of a wider societal good or to compensate for an existing injustice then the case for positive discrimination, which this seems to be, is very flimsy. It'd be a case I'd like to see brought because of the repercussions. If proven discriminatory would the council need to compensate any provable bus journey paid for by men of the same age?