The McCririck Ruling a Victory for Common Sense!

The recent decision of the Employment Tribunal to uphold the dismissal of the 'unpalatable' John McCririck, effectively rejecting his claim of age discrimination, (Daily Telegraph November 2013) has reminded employers that employees who have a protected characteristic, as defined by the equality Act 2010, are not immune from work place rules.

It is a timely reminder that protected characteristics under the equality Act 2010 are there to prevent discrimination  of employees on the following grounds:. 

·         Gender re-assignment

·         Disability

·         Age

·         Marriage and civil partnerships

·         Pregnancy and maternity

·         Race

·         Religion and belief

·         Sexual orientation

·         Gender.

 The McCririck ruling should prompt employers to remember that the protected characteristics under the equality Act 2010 are there to prevent discrimination, harassment and victimisation, not to stop managers managing their business. Those employees who have a protected characteristic (which is all of us one way or another) can still be selected for redundancy, disciplined and even dismissed as long as this isn’t as a result of them having a protected characteristic, and the decision making process is fair and reasonable as defined by the Employment Rights Act 1996.

The Equality Act 2010, does no more than offer protection for those who have a protected characteristic by offering legal redress against the following:

·         Direct discrimination, that is treating someone with a protected characteristic less favourably  than others.

·         Indirect discrimination, that is having rules or arrangements which apply to everyone, but when applied  treat someone with a protected characteristic less favourably  than others

·         Harassment,  that is unwanted behaviour linked to a protected characteristic that violates an employee’s dignity or creates an offensive environment

·         Victimisation, that is treating an employee unfairly because they’ve complained about discrimination or harassment

 The Act is not there to prevent the efficient and effective running of the business, just to ensure that it is ran in a manner congruent with current social values.

 The McCririck ruling has confirmed that whist it is wrong and unlawful to dismiss an employee for being “old”, it can be fair and reasonable to dismiss for other reasons including, in The McCririck case, being "unpalatable to a wider potential audience".  This case shows  that the fact an employee happens to have a protected characteristic isn't in and of itself a protection against dismissal.

A victory for common sense!

This article has been posted by Sean McCann, the Managing Director of People Based Solutions an HR consultancy specialising in HR advice and support. If you would like to know more about HR support services contact us at:

enquiries@peoplebasedsolutions.com