Selina Scott Settles Celebrity Ageism Claim

We mentioned Selina Scott’s age discrimination claims against Channel Five in our September 2008 bulletin. The 59 year old presenter argued that she was lined up to provide maternity cover for Natasha Kaplinsky but Channel Five subsequently overlooked her because of her age. In what is perceived to be a victory for older female presenters, many of whom have complained that they are treated unfairly by the television industry, she has now received an apology from Channel Five and a financial settlement estimated at up to £250,000.

The number of employees claiming to have faced age discrimination at work rose from 926 in 2006 to a staggering 2,940 in 2007. As employees begin to understand that they have new rights, the number of age discrimination cases is expected to rocket in the next few years.

WANTED: Biased Employment Judges

The Judicial Appointments Commission came under fire after placing an advertisement in a national newspaper seeking to recruit legal professionals as Employment Law Judges. So far so good, but the advertisement stated “we all know somebody who has been treated unfairly at work”, appealed for lawyers who could “help put right the wrongs” and asked for prospective judges to “have a passion for upholding the rights of workers”. Following complaints of bias, the Judicial Appointments Commission agreed to re-write their advertisement.

M.O.D. Loses Sex Discrimination Claim

Lesbian soldier Kerry Fletcher succeeded in a claim for sex discrimination against the Ministry of Defence after being sexually harassed by a male sergeant. Miss Fletcher succeeded in her claim of sex discrimination and sexual orientation discrimination after the sergeant bombarded her with text messages and unwanted advances, claiming he could “convert” her. Miss Fletcher resigned in February after serving in the army for 10 years because she felt she would continue to be victimised and discriminated against. It was held that her career had collapsed as a direct consequence of the discrimination and the Ministry of Defence was ordered to pay her £190,000.

Hetrosexual Man Is Victim Of Homophobic Banter

In English v Thomas Sanderson Limited the Court of Appeal held that "homophobic banter" directed at an employee could be harassment under the Employment Equality (Sexual Orientation) Regulations 2003, even where the victim was not gay, his "tormentors" did not believe him to be gay and the victim knew that his tormentors did not believe him to be gay. Mr. English was taunted by colleagues for attending boarding school and living in Brighton. It was held that the repeated and offensive use of the word "faggot" was conduct "on grounds of sexual orientation" within the meaning of the regulations, even though the victim was not gay and the tormentors knew this. This decision is a stark warning to employers that the scope for discrimination claims is ever increasing ….

MET Discrimination Case Settled

Britain’s most senior Asian policeman has agreed to a six-figure out-of-court settlement after accusing the Metropolitan Police Commissioner Sir Ian Blair of acting in a racist way towards him. Assistant Commissioner Tarique Ghaffur has agreed to drop employment tribunal proceedings for a rumoured payoff of about £300,000 and his full pension after 34 years in policing. The Metropolitan Police Authority has also agreed to a contribution to his legal costs after weeks of bitter wrangling between the two sides. Mr. Ghaffur claimed that he had been sidelined, discriminated against and humiliated in his role as head of security planning for the 2012 Olympics. He blamed Sir Ian, who strenuously denied being a racist and has retired due to the dispute with a settlement of £300,000 and a pension of £168,000 per year. The row and subsequent settlement deals have dealt a costly blow to the public purse.

Case Of The Month

In Ahmed v Tesco Stores, Mr Ahmed brought a claim of religious discrimination against Tesco on the basis that the requirement to handle alcohol as a warehouseman offended his religious beliefs as a Muslim. The Tribunal held that Tesco could objectively justify this requirement and therefore had not discriminated against Mr Ahmed. This decision hinged on the tribunal's finding that Tesco made clear and documented, at the interview stage, what was required of Mr Ahmed. A small victory for employers during December, which has seen a myriad of employers fall foul of anti-discrimination laws. Also, this was a case of indirect discrimination - remember that direct discrimination cannot generally be justified.

REMINDER: Compensation Increase

Remember that compensation limits are increased from 1 February 2009.The key increases are: