February 04, 2011
Shortly after the BBC lost its tribunal claim for age discrimination against presenter Miriam O'Reilly’s, another media channel, Sky Sports, is finding itself having to apologise over sexist remarks made by two of its presenters.
Presenter Andy Grey has been sacked from the Channel after he made inappropriate off-air comments about a female colleague and the position of his co-presenter, Richard Keys, who did the same, is still in doubt. Mr Grey is reported as stating that he intends to pursue his employer in the tribunal for damages for unfair dismissal and breach of contract.
The situation highlights the often, grey area between harmless work-place banter and offensive comments and the need for employees and employers to understand the criteria for determining what is acceptable.
Even if such comments are not directed at an employee of the opposite sex who just happens to overhear them, if they are discriminatory and cause offence, he or she may be entitled to claim constructive dismissal on grounds of sexual harassment or discrimination. What is relevant is the effect of the comments or action on the employee of the opposite sex.
Employers should ensure that they have adequate policies and procedures in place so that employees are made aware that discriminatory comments and actions are unacceptable in the workplace.
