The high profile of ex-BBC presenter Miriam O-Reilly's age
discrimination case could lead to more cases being brought against
employers, warns Tony Russell, Head of Employment Law at Fraser
Brown Solicitors.
He says the increased awareness resulting from the case may well
cause people to look again at their circumstances and pursue cases
where they believe they have been unfairly treated.
"Employers need to make sure they have policies in place and all
dismissals or redundancies are dealt with properly to avoid having
claims brought against them. Where claims are upheld compensation
can be awarded both for injury to feelings and unfair dismissal,
which can add up to a considerable sum. It has been estimated that
Ms O-Reilly could receive around £100,000 in total."
At the moment employers, under the Equality Act 2010, cannot
discriminate on grounds of age (whether that be too young or too
old), although it is not unlawful to retire someone once they reach
65, the current default retirement age.
However a Government consultation is currently underway to get
rid of this default retirement age by October 2011, in which case
both retirement age and dismissal will need to be justified
objectively and in the case of dismissal, a fair procedure will
have to be followed.