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20 November 2008
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  • Does Selina Scott have a case?
Does Selina Scott have a case?

Does Selina Scott have a case?

Brian Palmer, partner, Charles Russell LLP, 04 September 2008

 

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Stories in the press suggesting TV presenter Selina Scott is suing Five over allegations of age discrimination, will no-doubt bring the thorny issue of age-discrimination firmly back into the spotlight.

 

Scott, formerly the face of BBC1's Clothes Show and Six o'clock News is now 57. She claims she was in line first to replace 35-year old Natasha Kaplinsky, who is now on maternity leave. She claims Five decided they wanted a younger presenter, 28 year old Isla Traquair.

So, does she have a case? She could well have. Regulations protecting individuals from age discrimination were first introduced in 2006 and with the number of reported cases increasing, so too is age discrimination awareness and willingness to pursue claims.

If the claim is pursued, Five would either have to show that age had nothing to do with their decision or that they were justified in wanting to recruit a younger presenter, none of which will be an easy hurdle to overcome.

The entertainment industry in general has long been recognised as a "young" industry, but Scott's case is now one of many that have surfaced recently. Last year news stalwart Moira Stewart (who had been at the BBC for more than 30 years), was reportedly axed by the BBC for being too old.

Cases like Stewart's and Scott's are no longer likely to be sustainable. With an ageing population and the potential for unlimited compensation, this is an area that is becoming increasingly important for all employers. They must ensure they take positive action to comply with the regulations and ensure their recruitment literature, contracts, policies and procedures are compliant and all staff and especially managers are trained to comply with the new regime of anti-age discrimination.

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