January 21, 2011
The Equality Act’s age discrimination protection provisions can be particularly welcomed by older workers in the media industry, following the BBC presenter, Miriam O'Reilly’s, recent success in her tribunal case against the broadcasting company. Miriam O’Reilly brought the case after she was dropped from presenting the programme ‘Countryfile’ in favour of two younger presenters, when the show was moved to a primetime slot. The decision is likely to prompt such employers to be more careful in ensuring that they can prove that their presenters have been selected in accordance with their ability rather than their age. However, the case demonstrates some of the difficulties facing employers when it comes to positions necessitating audience approval. One on hand employers will need to employ presenters who can bring in a new audience and increase viewing figures and unfortunately, appearance appears to be a major factor in achieving these aims. Its not just television companies that will need to tread carefully following the decision, any employer seen to be favouring ‘more attractive’ and therefore often younger employees for public facing roles such as receptionists and hostesses will need to think carefully about how such appointments can be objectively justified.