Recently, an amendment was made to The Health Protection (Coronavirus) (Requirements) (Scotland) Regulations 2021, which requires particular venues to check that their customers are fully vaccinated, or have an exemption from a given list.
The Equality Act 2010 makes it illegal to indirectly discriminate against someone due to a protected characteristic, unless it is a "proportionate means of achieving a legitimate aim" (or falls within some other prescribed cases). Some of these characteristics (such as "religion or belief") are not included in the exemptions, however, could be the reason somebody is not vaccinated.
What constitutes a "proportionate means of achieving a legitimate aim"? Would one have to look at the aims of the new legislation to decide if excluding some patrons is a "proportionate means of achieving a legitimate aim"? For example, Wales, which has similar new legislation, also allows a negative Covid-19 test in lieu of full vaccination. So some may say that Scotland's approach is not proportionate, as there are other measures to achieve the same aim that would not result in the discrimination. Alternatively, is complying with the new legislation a "legitimate aim" in itself?