Age Discrimination in the spotlight
Ex-Countryfile presenter Miss Miriam O’Reilly reveals in a press conference this week that the decision to remove her from the BBC’s show was age biased.
Miss O’Reilly, aged 51 at the time of the incident, was removed from her BBC position to make way for younger presenters. This removal is reported to have come just after comments were made to her warning her to be “careful about those wrinkles.” It is thought now that she will be receiving a six figure pay out from the BBC following her success at the Employment Tribunal.
With age discrimination still being a relatively new legislative concept, the full effects of the case law in this area is yet to be appreciated. However, with this latest case, we have taken this opportunity to speak with Brendan Wincott, Employment Law Compliance Officer, at Newcastle-under-Lyme based Bibby Consulting and Support, who helps provide further details of this latest case.
Brendan explained that “the removal of an employee or worker by a decision tainted by age is almost certainly one which is going to be held to be age discriminatory, unless this is for legitimate reasons, most typically for retirement. The comments reported to have been made by the BBC about Miss O’Reilly’s wrinkles were sure to be an overwhelming indication of a decision tainted by age when she presented her case to the Employment Tribunal. In addition, the fact that her replacement was someone younger would further compound this notion.”
Brendan went on to explain that “in his press release, Creative Director Alan Yentob from the BBC confirmed that they have accepted the judgment of the Employment Tribunal acknowledging that they did not get it right this time and hence that they would like to apologise to Miss O’Reilly. He has further pledged that they will be reviewing their training on recruitment and the associated guidelines, confirming that they are committed to fair selection.”
This case acts as an ever important reminder to employers that age discrimination is unlawful and has been since 2006. However, employers can help to protect against claims such as those brought by Miss O’Reilly by ensuring that managers and recruitment personnel are fully trained in best practice to avoid discriminatory recruitment practices. Bibby Consulting and Support offers a variety of training courses with some specifically tailored to recruitment and equal opportunities. If you are interested in learning more about these training courses, or more generally, the services provided by Bibby Consulting and Support, please call Katy Vaughan today on 08453 100 600 for your free no obligation quote.
This News Release is intended to provide a general overview and discussion of the subject matter. It is not however, intended to give advice or to act as a substitute to taking legal advice from our Support Line in any specific situation. Bibby Consulting & Support accepts no liability or responsibility for the information contained within this news release. If you would like specific advice about this subject matter, please contact one of the Employment Law Team today on 08453 100 999.
