Miriam O'Reilly case brings home important message for Gloucester businesses, Tayntons LLP

19th January 2011 16:53

Winning her claim for age discrimination against the BBC has made the ex-presenter of Countryfile, Miriam O'Reilly big news this week, especially on the BBC.  Ian Pettifer, Employment Law Specialist, Tayntons LLP points out that while it is an interesting case, it does not make new law but it does bring home some important messages for businesses.

The Equality Act 2010, which drew together and extended existing anti-discrimination laws does not just apply to employees but also to a range of freelancers, casual staff and consultants who are working under a contract to do work personally.  Also it applies not only to working relationships already in place, but to people applying for new work. 

Businesses in Gloucester are just starting to pick themselves up again after the recession, and there are some tentative steps towards new jobs being created.  It is often easiest and simplest to recruit people on the basis of a more flexible arrangement rather than taking on direct employees at first.  At Tayntons LLP, we have already had a flood of enquiries in January from small businesses wanting to take on new people to do the work, but not wanting to commit to a formal employment arrangement.  This can work really well for the person taken on as well, who may have the opportunity to earn performance-related benefits.

So the freelancer or consultant is likely to become an increasingly important figure in Gloucester businesses.  Businesses need to be aware when setting up these arrangements of the need to appoint people on a fair basis and without discrimination on unlawful grounds, such as age.

Perhaps the most interesting feature of the Miriam O’Reilly case has been the reaction of the BBC.  It is rare for a business which has just been through bruising litigation to have the stomach to then apologise to the successful claimant, and to offer to engage in discussions over offering her the job back.  Yet that is what the BBC has done here. 

It is not appropriate in every case to apologise, but in the right cases, and when done in the right way, an apology can be very effective to take the sting out of a lost case.  In discrimination claims part of the compensation is awarded for “injury to feelings”, a way of recognising that someone’s human rights have been infringed.  Reducing those feelings of hurt also helps the employer to argue that compensation should be less.  Likewise an offer of further work can help both to undo the damage and to reduce the amount of the compensation which will be awarded.

In the world of work, just as in the playground, saying sorry and making amends can be the right thing to do.

For further information contact Ian Pettifer on 01452 509080 or ian.pettifer@tayntons.co.uk