BBC settles discrimination claims ‘on the steps’

Settling employment disputes often boils down to ‘who blinks first’. A claim is issued. Both parties put their respective positions on the record. But what often prompts settlement of disputes are considerations that you won’t find on the face of the pleadings. For the employer – commercial sensitivities and the risk of adverse publicity. For the employee – balancing ‘having their day in court’ against the settlement sums on offer and (usually non-recoverable) costs of litigation. 

Sometimes the settlement ‘dance’ is done and dusted quickly. Both parties size each other up and come to terms. However, many cases get tantalisingly close to the hearing before terms are agreed. A case in point is the recent discrimination case brought by four female news presenters against the BBC. The case recently settled, just a week before it was due to begin.

Four female newsreaders alleged that they had been discriminated against in a restructuring and recruitment process for lead presenters at BBC News. The i Newspaper quoted an insider who stated: “They needed to get this resolved before Monday,” an insider said. “There were witness statements ready and senior news managers would have had to account for their actions.”

The BBC said it had not accepted any liability over the claims made by the women in settling case. However, it is understood that the agreement includes an undisclosed payment to the presenters.

This case is a reminder of the different considerations at play when settling tribunal claims. It does not start and end with an exposition of the legal risks. It involves many other nuanced concepts including commercial sensitivity, preserving ongoing relationships, cost (the BBC case was listed for three weeks in the tribunal) and the potential for reputational damage. As the insider quoted in the i Newspaper stated: “There would have been claim and counter-claim between the BBC and the women in public. Then viewers would see the newsreaders back on screens. It would have been very damaging, so the settlement is better for all.”

Whenever a claim is received from an employee, the employer should take a view on each of these factors when deciding on a strategy for defending the claim.