Terms of reference: investigation into Pontins

Statutory investigation under section 20(1)(a) and Schedule 2 of the Equality Act 2006 into Britannia Jinky Jersey Limited (Pontins).

These terms of reference are published by the Commission for Equality and Human Rights in accordance with Paragraph 3 of Schedule 2 to the Equality Act 2006.


1. On 22 February 2021, we entered into an agreement with Pontins under section 23 of the Equality Act 2006 for a duration of 12 months (the agreement).

2. Under the agreement, Pontins undertook not to commit unlawful acts of race discrimination when providing its services, and agreed to take other specified steps in an action plan.

3. On 11 January 2022, we notified Pontins about potential breaches of the agreement. After considering its response, we terminated the agreement, with effect on 18 February 2022.

4. We suspect that Pontins, directly or through its employees, may have committed unlawful acts in relation to providing its services to guests or prospective guests. 

5. Pontins has indicated that it will cooperate with the investigation.

Scope of the investigation

6. The investigation will consider whether Pontins has committed unlawful acts.

7. In examining evidence, we will look at issues that we consider appropriate. This may include, but is not limited to, any or all of the following:

7.1. whether Pontins committed race discrimination and / or continues to discriminate against Gypsy and Traveller guests, or prospective guests, or their associates by:

a) not providing a service, for example, by not progressing with a booking, or using any other means to identify race

b) discriminating in relation to its service terms

c) terminating a service, such as through cancellation, invoking cancellation terms or using any other means to terminate or fail or refuse to provide a service

d) subjecting them to any other form of detriment

7.2. whether Pontins’ booking policies or any other provision, criterion or practice have, and continue to, directly or indirectly discriminate on the basis of race, including but not limited to requiring that all guests, or prospective guests, are on the electoral register

7.3. whether Pontins has created or operated its intelligence, information and record-keeping systems, which contain data about guests, in a way that discriminates directly or indirectly on the basis of race.

8. In particular, we will consider:

8.1. whether Pontins discriminated against Gypsies and Travellers (including their associates) by operating a blacklist

8.2. whether Pontins’ requirement in its terms and conditions (T&Cs) for guests to appear on the electoral register without any alternative or additional safeguards discriminates directly or indirectly against Gypsies and Travellers

8.3. whether Pontins’ intelligence, information and record-keeping systems operated or operate in a discriminatory way against guests, or prospective guests, on the basis of race.

9. We may also consider the manner in which Pontins engaged with us during the term of the agreement, including but not limited to its response to the action plan, to the extent that it is relevant to investigating potential unlawful acts and to inform the appropriate remedy if unlawful acts are found.  

10. We will publish a report of our findings and may make recommendations in accordance with Paragraph 16 of Schedule 2 of the Equality Act 2006.

11. If we are satisfied that Pontins has committed unlawful acts, we may issue an unlawful act notice. We may require Pontins to prepare an action plan to avoid repeating or continuing the unlawful act.


12. For the purposes of these terms of reference the following definitions apply:

12.1. ‘agreement’ means the agreement between Pontins and the Equality and Human Rights Commission, entered into under section 23 of the  Equality Act 2006, which commenced on 22 February 2021 and terminated on 18 February 2022

12.2. ‘associates’ means a person who is not a Gypsy or Traveller, but is treated less favourably because they are associated with a person who is, or is perceived to be, a Gypsy or Traveller

12.3. ‘employee’ has the same meaning as in the Equality Act 2010

12.4. ‘Gypsies and Travellers’ are a race

12.5. ‘Pontins’ is the trading name for Britannia Jinky Jersey Limited (registered company number: JE107325)

12.6. ‘protected racial characteristic’ means ‘Gypsy or Gypsies’ and / or ‘Traveller or Travellers’

12.7. ‘race discrimination’ means direct discrimination or unjustified indirect race discrimination (as those terms are defined in the Equality Act 2010) because of the protected racial characteristic, whether or not that person holds that characteristic

12.8. ‘race’ has the same meaning as defined in section 9 of the Equality Act 2010

12.9. ‘we’ means the Commission for Equality and Human Rights (commonly known as the Equality and Human Rights Commission)

12.10. ‘unlawful acts’ means race discrimination in the provision of services under Part 3 of the Equality Act 2010

12.11. ‘unlawful act notice’ is defined under section 21 of the Equality Act 2006

Communications about this investigation

13. Any communication about this investigation may be sent to 20PI@equalityhumanrights.com

Last updated: 26 May 2022