With the news over the weekend that both the BBC and Jeremy Clarkson personally are facing a race discrimination claim worth more than £100,000, many employers will be concerned at the high figures quoted. Unlike unfair dismissal claims, compensation for discrimination claims is uncapped and can include compensation for injury to feelings - the hurt and upset suffered by the injured party as well as financial compensation. However, the high figures quoted are usually only claimed where the alleged discrimination has impacted on the employee's health, which may be the case here, or resulted in them being out of work for some time. The reports highlight the risk for individuals of personally facing discrimination claims for their actions; and employer's responsibility for actions of their employees and agents, even when unauthorised.
The Top Gear producer verbally and physically attacked by Jeremy Clarkson is suing the BBC and the former presenter of the BBC2 motoring show for more than £100,000 for racial discrimination and personal injury. Lawyers for Oisin Tymon and the BBC attended the Central London Employment Tribunal on Friday for a preliminary hearing about the legal action.