Scotland’s health secretary, Humza Yousaf, and his wife have begun legal action against a nursery which they allege discriminated against their daughter by refusing her a place.
The couple’s lawyer, Aamer Anwar, said in a statement that his office served papers on Little Scholars Day Nursery in Broughty Ferry, Dundee, and its director, Usha Fowdar, on Monday, claiming a breach of the Equality Act 2010.
Mr Yousaf and his wife, Nadia El-Nakla, allege that the nursery “unlawfully discriminated” against them and their daughter Amal, two, “on the grounds of race and/or religion”.
READ MORE: Humza Yousaf blasts nursery over ‘discrimination’
The statement claims the nursery turned down attempts to secure a place for a child with an “Asian/Muslim name” three times but then offered places to children with “‘white sounding’, non-Muslim” names.
Mr Anwar has given the nursery two weeks to issue a public apology and agree to pay compensation to an “anti-racist charity of our client’s choosing” or face legal action.
The lawyer also said he had asked the Equality and Human Rights Commission to investigate.
He said: “On Monday August 9 2021, my office served papers on the nursery and its company director, Usha Fowdar to intimate a claim in respect of a breach of the Equality Act 2010.
“It is alleged in the served notice that Nadia El-Nakla and her two-year old daughter Amal were subjected to direct discrimination in breach of Section 29, Part 3 and Schedules 2 and 3 of the Equality Act 2010.
“The Act makes it unlawful to discriminate against a person when providing a service, which includes the provision of goods and facilities.
“The nursery has been provided with evidence of direct discrimination on the grounds of race and/or religion and to date it has failed to provide any reasonable explanation for its actions to Amal’s parents.
The nursery has been given 14 days (until 12pm August 23 2021) to provide full settlement proposals, a public apology and compensation to be paid to an anti-racist charity of our client’s choosing or court action will be raised at Dundee Sheriff Court.
“I have requested that the Equality and Human Rights Commission investigate the nursery and consider whether enforcement action is possible, as well as intervening in the court process alongside our firm.”
Previously, a spokesman for the nursery owners said they were “extremely proud of being open and inclusive to all” and that “any claim to the contrary is demonstrably false and an accusation that we would refute in the strongest possible terms”.
In a joint statement, the couple said: “Despite being given ample opportunity, Little Scholars Day Nursery in Broughty Ferry have failed to admit, explain or apologise for their discriminatory behaviour.
“We have both stood against hatred our whole lives, often being the targets of vile abuse.
“We will not accept our children being discriminated against by anyone. Like any other parents we simply want our children to be treated equally, regardless of their colour of skin or religion.
“We strongly believe we have evidence of systemic discrimination being carried out by Little Scholars Day Nursery.
“As passionate believers in the fairness of Scotland’s justice system, we have now instructed our solicitor, Aamer Anwar, to initiate court proceedings and are determined to fight for justice for our daughter.”
It doesn’t matter what my position or how senior in Govt I may be, some will always see me, my wife & children by our ethnicity or religion first
We have given Little Scholars nursery every opportunity for an explanation for the disparity in treatment, none has been forthcoming
— Humza Yousaf (@HumzaYousaf) August 2, 2021
Previously, a spokesman for the owner of the nursery, Usha Fowdar, did not comment on “each individual email application”.
He told the Record: “Our nursery is extremely proud of being open and inclusive to all and any claim to the contrary is demonstrably false and an accusation that we would refute in the strongest possible terms.
“In addition to our owners being of Asian heritage, across more than a decade we have regularly welcomed both children and staff from a range of different religious, cultural, ethnic and racial backgrounds including two Muslim families currently.
“We have also regularly made arrangements to accommodate different lifestyles by, for example, providing a halal menu for those children who come from Muslim families.”
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