Is the situation improving in the workplace in terms of how employers deal with age discrimination? Are those “off the cuff comments” about a person’s age and those comedy birthdays cards mocking someone’s age, are they acceptable anymore in a modern business?
There have been a number of high profile cases where employees have been unwilling to accept ageism in the workplace and bravely taken their cases to an employment tribunal.
It was nearly a year ago since Miriam O’Reilly won her case against the BBC for age discrimination when she was dropped by the corporation from the Countryfile programme to make way for a younger presenter. She claimed that one of the main reasons why she lost her job was because of her age and that she had always wanted to be judged on her ability not her appearance.
At the same time three other BBC women presenters in their 40’s lost their jobs. Miriam O’Reilly won her case for age discrimination against the BBC and she returned to her presenting role with the result that the BBC reviewed its equality policies. A year on, she has recently taken the decision to resign from her position to concentrate on the launch of a “Women’s Equality Network” which focuses on support for women facing discrimination.
It is also with interest we await the decision in the Seldon case which has gone to the Supreme Court which will have implications on how employers treat retirement in the future. The court will rule on whether it was justifiable for a Kent law firm, Clarkson, Wright & Jakes to compulsorily retire one of its partners Leslie Seldon at the age of 65. The law firm asserted it was legitimate and justifiable to retire Mr Seldon at 65 in order for associates to be able to move up the ranks to partnership. This case predates the repeal of the default retirement age of 65 and attitudes have changed since the Court of Appeal decision on how employers should deal with the issue of retirement. Employers can still make the decision to implement a compulsory retirement age but the level of risk if they do and how they approach it, will be guided by the judgment of this case.
We will of course update you when the judgment is announced but it is important to remember that individuals such as Miriam O’Reilly and Leslie Seldon are making a difference on how we view age in our society and their cases add to the debate whether age is just a number in the workplace.
