Companies cannot bring complaints of discrimination to WRC

XTX Markets Technologies Limited, a corporate entity, submitted a complaint against Aviva Investors Liquidity Funds PLC to the WRC under the race discrimination provisions of the Equal Status Acts 2000-2015.

XTX, incorporated in England and Wales, alleged that Ireland-based Aviva Investors refused to provide the company with a service generally available to the public because of the nationality or imputed nationality of its founder, co-CEO and ultimate beneficial owner.

The allegation of discrimination arose from a decision by the respondent not to permit the complainant to subscribe to or invest in a number of funds operated by the respondent, including a fund denominated in euros.

XTX, represented by Lorna Lynch SC, instructed by Ledwith Solicitors, submitted that the definition of “person” within the Acts should be broadly interpreted to include corporate entities.

Aviva Investors, represented by Kate Egan BL, instructed by A&L Goodbody, submitted that the WRC had no jurisdiction to hear the complaint based on the legislation and relevant case law.

The adjudication officer, Valerie Murtagh, said she was “guided” by the decision of the Equality Tribunal in Gloria (Ireland’s Lesbian and Gay Choir) v Cork International Choral Festival DEC-S2008-078, which “considered in detail whether the complainant in that case had the locus standi to bring a complaint under the Equal Status Acts”.

Ms Murtagh concluded: “I am satisfied that the complainant, a private limited company, does not have locus standi to take the present claim under the Equal Status Acts as a company cannot be regarded as having a protected characteristic within the meaning of the Acts. Accordingly, I find that I do not have jurisdiction to investigate the complaint.”