Former Countryfile presenter wins BBC ageism case

By Catriona Watt, Fox lawyers

When BBC programme Countryfile moved from its daytime slot to a primetime slot on a Sunday evening, three of its female presenters were replaced by younger candidates. Ms O’Reilly (aged 51) was one of those dropped from the programme and subsequently brought a claim in the employment tribunal arguing that her removal from Countryfile amounted to direct discrimination on the grounds of her age and sex. The tribunal rejected Ms O’Reilly’s sex discrimination claim but held that her removal from Countryfile did amount to direct age discrimination. The tribunal noted that it was clear that Ms O’Reilly’s age was a significant factor in the BBC’s decision not to retain her for the primetime show. If she had been 10 to 15 years younger it would have given her proper consideration.

Age discrimination can, in certain circumstances, be objectively justified as “a proportionate means of achieving a legitimate aim”. In Ms O’Reilly’s case, the tribunal held that the BBC’s age discriminatory treatment of her was not objectively justified. Although the BBC’s wish to appeal to a primetime audience, including younger viewers, was a legitimate aim, it was not proportionate to remove older presenters to pander to the assumed prejudice of such viewers.

It is notable in this case that the tribunal gave such short-shrift to the idea that the BBC could justify replacing older presenters with younger ones to help achieve its legitimate aim of attracting a wider audience. This is a clear indication to employers that where they do implement practices which directly or indirectly discriminate against employees on the grounds of their age to achieve what the employer says is a “legitimate aim” for the business, the employer will have to work much harder to show that the practice is indeed proportionate.

This case is also significant in showing that employees are increasingly aware of, and indeed increasingly willing to pursue, their rights under the age discrimination legislation introduced in 2006 and now enshrined in the Equality Act 2010.

This is a general account of the law as it currently stands. It is always best to seek legal advice for specific queries