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ARTICLE · 15 FEBRUARY 2011

O'Reilly vs British Broadcasting Corporation and Another

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Countryfile presenter subjected to unlawful age (but not sex) discrimination by the BBC.

United KingdomEmployment and HR

An Employment Tribunal has held that 51-year-old TV and radio presenter, Miriam O'Reilly, suffered unlawful age discrimination when the BBC removed her from its "Countryfile" programme.

In a case where the actual comparators relied upon by the Claimant included Ben Fogle (Animal Park), Matt Baker (former Blue Peter presenter) and John Craven (Newsround) the Tribunal held that the Claimant's age had been a "significant factor" in the BBC's decision to replace her.

The Tribunal stated that although the BBC's wish to appeal to younger viewers was a legitimate aim, choosing younger presenters in order to do so had not been shown to be an appropriate means of achieving that aim. Even if that had been established, the Tribunal concluded that to do away with older presenters simply to pander to the assumed prejudice of some younger viewers would not be a proportionate means of achieving the aim.

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