Television presenter Miriam O’Reilly’s recent high profile victory against age discrimination should act as a warning shot to employers. The lesson to be learned from this decision is that employees should be selected for their ability, not their age. Nor should employees be dismissed on the basis of their age.
With the Equality Act only coming into force last October this judgement is a timely reminder to employers that employment tribunals will not tolerate discrimination in the workplace.
Ms O’Reilly’s victory against the BBC followed the decision to drop the 53-year-old from the rural affairs show when it moved to a primetime slot in April 2009. An employment tribunal agreed she had been the victim of age discrimination but rejected her claim for sex discrimination. BBC bosses have now apologised to Ms O’Reilly and announced they will introduce new guidance on fair selection procedures for presenters.
Employers should remember that compensation in discrimination claims is uncapped. The Equality Act covers age, disability, gender re-assignment, race, religion or belief, sex, sexual orientation, marriage and civil partnership and pregnancy/maternity.
It’s essential that employers have policies and procedures in place that guard against discriminatory practices. Employees, particularly managers, should also be given appropriate training in diversity in the workplace.
