Ageism in the workplace
The 2011 case of former BBC presenter Miriam O'Reilly set a new precedent
Age discrimination is red hot news at the moment with the decision in the case of Miriam O'Reilly vs the BBC. Ms O'Reilly was sacked by the BBC because she was said to be too old to remain in her role as presenter of "Countryfile".
We would urge employers to review their staff policies to avoid potential claims. This includes everything from recruitment to retirement.
We put a case summary in our Newsletter at the time (January 2011) which we re-produce below.
And our senior Employment Law partner, <Gordon Wheeler>, is available to provide advice on any issues raised by this case.
Age discrimination is red hot news at the moment with the decision in the case of Miriam O'Reilly vs the BBC. Ms O'Reilly was sacked by the BBC because she was said to be too old to remain in her role as presenter of "Countryfile".
We would urge employers to review their staff policies to avoid potential claims. This includes everything from recruitment to retirement.
We put a case summary in our Newsletter at the time (January 2011) which we re-produce below.
And our senior Employment Law partner, <Gordon Wheeler>, is available to provide advice on any issues raised by this case.
"Television presenter wins ageism case against BBC"
Miriam O’Reilly, one of the former hosts of the TV show Countryfile, has won her claim of age discrimination against the BBC.
Ms O’Reilly lost her job in 2008 when Countryfile was moved to a primetime slot. The BBC replaced her with younger presenters.
Ms O’Reilly took the case to an employment tribunal. She won her claim of age discrimination and victimisation, but the judge rejected her claim that she was also the victim of sex discrimination.
In her witness statement, Ms O’Reilly said: “I felt as if my life had been cancelled because of something I had no control over – getting older.”
The Tribunal said the discrimination against Ms O’Reilly was not justified. “The wish to appeal to a primetime audience, including younger viewers, is a legitimate aim.
“However, we do not accept that choosing younger presenters is required to appeal to such an audience. It is not a means of achieving that aim.”
The BBC issued a statement accepting the Tribunal’s findings. It also apologised to Ms O’Reilly and said it would welcome the opportunity to discuss working with her again in the future.
The Tribunal will now hold a separate hearing to decide what “remedy” Ms O’Reilly should receive for her loss of earnings and the injury to her feelings.
Please contact us if you would like more information about discrimination claims or any aspect of employment law.
Ms O’Reilly lost her job in 2008 when Countryfile was moved to a primetime slot. The BBC replaced her with younger presenters.
Ms O’Reilly took the case to an employment tribunal. She won her claim of age discrimination and victimisation, but the judge rejected her claim that she was also the victim of sex discrimination.
In her witness statement, Ms O’Reilly said: “I felt as if my life had been cancelled because of something I had no control over – getting older.”
The Tribunal said the discrimination against Ms O’Reilly was not justified. “The wish to appeal to a primetime audience, including younger viewers, is a legitimate aim.
“However, we do not accept that choosing younger presenters is required to appeal to such an audience. It is not a means of achieving that aim.”
The BBC issued a statement accepting the Tribunal’s findings. It also apologised to Ms O’Reilly and said it would welcome the opportunity to discuss working with her again in the future.
The Tribunal will now hold a separate hearing to decide what “remedy” Ms O’Reilly should receive for her loss of earnings and the injury to her feelings.
Please contact us if you would like more information about discrimination claims or any aspect of employment law.