By Kirsty Ayre
The front pages of today's newspapers announced the resignation
of Sir Menzies Campbell. He has since told the
BBC that the media's obsession with his age and leadership made
it impossible for him to continue as leader.
Throughout the recent Liberal Democrats' conference in Brighton,
the press persistently referred to Sir Menzies' age. Sir Menzies is
66 and cartoonists routinely portrayed him with a Zimmer frame or a
wheelchair. While David Cameron has been characterised as a
youthful, fresh-faced leader, the press gave the clear impression
that Sir Menzies was not 'up to the job' as a result of his
age.
The portrayal of a public figure in this manner by the press
will in all likelihood remain unchallenged. Whilst the UK's age
discrimination laws do cover Members of Parliament, they do not
extend to the comments and opinions of the press, and it seems very
unlikely that Sir Menzies will litigate.
However, if Sir Menzies worked in a 'normal' workplace, the risk
of a claim would be high. Any employer who exposes an employee
to comments of a discriminatory nature on an ongoing basis could
face a claim. An employee forced to resign because of his age would
likewise have a claim.
The Age
Regulations, in force since October 2006, look to prevent age
discrimination within the workplace and shift attention from the
age of the employee to their performance and capability.
Not only do the Regulations prohibit discrimination on the
grounds of age, they also cover perceived or apparent age as well.
So, for example, teasing someone because they look older or younger
than their actual age is also unlawful. If the taunting
experienced by Sir Menzies was replicated in a 'normal' working
environment his employer could be exposed to a big claim for
compensation.
The comments directed at Sir Menzies are a form of harassment.
Harassment is not defined by the intention of the perpetrator but
the effect that it has on the individual. As a result, harassment
can include a general culture in which ageist jokes, comments or
birthday cards are permitted, or where individuals are subject to
harassment from third parties such as customers or
suppliers. If cartoons poking fun at Sir Menzies'
age were passed around the workplace, this could create a
hostile environment for older employees.
In most cases it is the employer who will be sued, although
individuals can also be joined as parties to discrimination
complaints. The employer can be held responsible for the acts of
its employees especially if it can be shown that no action or
insufficient steps were taken to prevent
discrimination. Employers should at the least introduce a
diversity policy and training to cover age
discrimination.
One thing is for sure: we cannot carry the opinions of the press
into the workplace. Let them in and the risk of litigation
looms.
Kirsty Ayre is a partner with Pinsent Masons, the law firm
behind OUT-LAW.COM, and a specialist in employment law.
