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ARTICLE · 24 NOVEMBER 2015

Workplace Diversity On The Hard Shoulder

It's hard to imagine a more cynical diversity seminar attendee than Clarkson, trading as he does on his unique brand of politically incorrect journalism.

United KingdomEmployment and HR

News last week that BBC producer Oison Tymon has raised Employment Tribunal proceedings against both his employer and former Top Gear presenter Jeremy Clarkson serves as a timely reminder that the Equality Act can be used to hold an employer liable for employees' acts of unlawful discrimination.  While Mr Clarkson may have felt a degree of relief earlier in the year when his erstwhile colleague chose not to press for a criminal prosecution after an alleged physical and verbal assault, it now appears Mr Tymon isn't prepared to let things go entirely.

Precise details of the claim are unclear but we know a preliminary hearing took place at the London Employment Tribunal and that one feature of the alleged assault was apparently abusive remarks making reference to Tymon's Irish origins.  An educated guess would suggest the claim is one of race discrimination and given Clarkson and the BBC are both named as respondents, it looks like the vicarious liability provisions

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