Edinburgh venue accepts it discriminated against Jewish comedian Philip Simon when it cancelled show

A venue has accepted it discriminated against a Jewish comedian when it scrapped his show at last year's Edinburgh Festival Fringe.

Stand-up comic Philip Simon had been due to perform a solo show titled Shall I Compere Thee In A Funny Way at The Banshee Labyrinth.

However, the venue cancelled his act over what it said were his views on the conflict in Gaza.

In a statement given at the time to industry magazine Chortle, the venue on the city's Niddry Street, said Mr Simon had expressed views on social media and elsewhere that it said "align with the rhetoric and symbology of groups associated with humanitarian violations".

Responding to the decision on social media, the performer said he had been cancelled "just for being Jewish".

"The reason I was given is that my views concerning the ongoing humanitarian crisis in Palestine... are in significant conflict with our venue's stance against the current Israeli government's policy and actions," he said.

"Anyone who knows me will know I have never expressed support for anything other than freeing the hostages and finding a way to peace.

"It is sad to think that these views could conflict with anyone who wants to see a lasting peace in Israel and Gaza."

He added: "I am still processing the concept that in 2025 I can be cancelled just for being Jewish."

Mr Simon took legal action against the venue's owner, Morrison Bros Ltd, claiming it had discriminated against him on the grounds of "unlawful belief-based discrimination".

A hearing took place at Edinburgh Sheriff Court on Monday, where Mr Simon's lawyer, David Welsh, said "on the eve of the hearing" the venue accepted it had acted unlawfully.

The lawyer told the court: "The defender conceded that the defender discriminated against the pursuer, contrary to the provisions of the Equalities Act."

He added: "The whole issue of liability has now been resolved in the pursuer's favour."

However, he was critical of the defender's "conduct" throughout Mr Simon's legal action, saying it had "dragged out proceedings" despite knowing any defence was "untenable".

He told the court this led to his client incurring "avoidable expenses at every stage", and called on the court to award him expenses incurred to date.

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Responding, the venue's lawyer, Darren Cox, disputed whether it would have been possible to settle the matter pre-litigation.

He said not all costs incurred to date related to the question of liability, and called for a decision on expenses to be deferred "until the end".

Judge Sheriff Roderick Flinn said the defender had acted "unreasonably" in leaving it until 5 August to accept it had discriminated against Mr Simon and said expenses relating to preparations for a substantive hearing would be awarded at the higher "solicitor-client" rate.

Mr Simon said the case had "never been about money" but was instead about "fighting against the idea that a performer can be cancelled because of their religion".

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