McCririck's Damages Suit

Section (d) of the 2003 communications act directed towards channel 4's committment and remit as a public service broadcaster states that it should "exhibit a distinctive character".

Surely this should have been enough to keep the old eccentric Big Mac on T.V?
 
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If he wins does that mean that any footballer in their 30's whose contract is not renewed due to age would be able to sue for age discrimination?
 
Myself and Digger make our living from fixed-term contracts, and I can assure you that failure to extend assuredly does NOT equate to dismissal.

Of course, there is more than one type of fixed-term-contract.

AAAARgh - if you are an employee on a fixed term contract and your contract is not renewed then that is a dismissal - end of story .

Whether you can claim for unfair dismissal is another question altogether .
 
AAAARgh - if you are an employee on a fixed term contract and your contract is not renewed then that is a dismissal - end of story .

Whether you can claim for unfair dismissal is another question altogether .

FFS, Ardross.

If you're an 'employee', yes. If you're hired through your own limited company, an umbrella company, or any other 3rd-party, then it is not.

Can we agree on this much?
 
John McCririck
John McCririck: seeking £3 million in damages from Channel 4 and IMG
PICTURE: Getty Images
McCririck 'disgusting'
on reality TV shows

By Tom Kerr 7:27PM 3 OCT 2013

A SENIOR manager at production company IMG was on Thursday accused of dismissing John McCririck from his job on Channel 4 Racing because the pundit did not fit the "young, glamorous, sexy" look executives were seeking for the show.

Graham Fry, managing director of Sports Production Worldwide at IMG Sports Media, insisted McCririck had been released due to concerns about his "mainstream appeal", and said he had personally
been "repulsed" and "disgusted" by McCririck's antics on reality television shows.

Fry was giving evidence on the fourth day of McCririck's employment tribunal in London. McCririck, 73, claims his dismissal in December last year was due to age discrimination and is seeking £3 million in damages from Channel 4 and IMG.

IMG secured the contract to produce racing coverage for Channel 4 after the broadcaster's acquisition of all terrestrial rights in 2012. McCririck was among several former presenters - including Alastair Down, Mike Cattermole and Derek Thompson - not retained when IMG began producing the show this year.

During cross-examination, McCririck's counsel Jennifer Eady QC put it to Fry that the reason her client had been sacked was because he did not fit the "young, glamorous, sexy look" executives hoped would attract a younger audience to the programme.

"We weren't looking for a young, glamorous, sexy look," replied Fry. "We were looking for the best presenters."

He added: "A lot of the ways we wanted to change Channel 4 Racing were not about presenters at all. There were an awful lot of things we thought could be attractive to a new audience other than presenters."

Eady also asked Fry why he had written to a colleague requesting a "sexier" picture of Francesca Cumani, daughter of Newmarket trainer Luca, who was being considered for a role in the show during the bid process.

Fry replied: "It was a flippant comment to a colleague. I was looking for a better picture."

In his witness statement to the tribunal Fry said IMG initially proposed retaining McCririck, but planned to reduce his role to that of a celebrity interviewer making a handful of appearances per year.

"We were concerned John McCririck's presenting style was over-dramatic, liable to offend and would not have mainstream appeal," he said.

"I was also concerned about John McCririck's credibility as a betting presenter in the context of a more serious, journalistic style of Channel 4 Racing, given the public persona he had created through appearances on other television programmes."

Fry, who helped prepare the pitch to Channel 4, said McCririck featured in the proposal primarily because of uncertainty at IMG regarding how keen the network was to have him involved from 2013.

Despite bosses' reservations, McCririck was part of plans for the revamped Channel 4 Racing until a week before the new line-up was revealed in October 2013.

Fry said it was Carl Hicks, executive producer of Channel 4 Racing and who gives evidence to the tribunal on Friday, who ultimately made the decisive argument against involving McCririck.

"He thought it was not right to have John McCririck on the programmes at all, given the concerns about his presentation style and audience appeal," said Fry.

Admitting he was not a "racing aficionado", Fry said in his witness statement he found McCririck's betting coverage "difficult to follow" and "delivered in a loud, brash, aggressive and long-winded style".

Fry added he felt McCririck had "lost a lot of credibility" with the general public by appearing on reality shows such as Celebrity Wife Swap and Celebrity Big Brother. He said he had been "disgusted" by the pundit's behaviour on those programmes.

"I was really, really repulsed by what I saw - he had a major tantrum [on Big Brother] about not being allowed his Diet Coke," Fry said, eliciting a guffaw from McCririck.

"With the greatest respect Mr McCririck, you can't say that was you putting on an act," Fry added.

Asked by Eady about McCririck's qualifications for his job as betting expert, Fry said: "He was amazingly well qualified, yes, but with the reservations I mentioned. He had qualifications in betting, not as a presenter."

The new-look team announced by IMG and Channel 4 last October had no place for five former presenters over the age of 50, but Fry rejected a claim decisions about presenters had been influenced by age.

"Age has never been a consideration, age was never once discussed about any of the team," said Fry.

"All we have tried to do is find the best people for the job. That's why we called it [presenting line-up] the dream team. We were looking for nothing but the best."

The hearing continues.
 
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Remember when Casper Netcher won the Gimcrack and the outburst from McCririck the following Saturday Morning Line ?
I was amazed he was not fired on the spot live on tv for "Incitement to Hatred".
it must be on youtube somewhere .
 
ennifer Eady QC, representing McCririck, asked Mr Fry why he wrote a message during the preparation of IMG's bid which asked: "Is there a sexier picture of Francesca Cumani we can put in?"

With a cucumber or something?

That would have some spluttering cornflakes over the morning line
 
FFS, Ardross.

If you're an 'employee', yes. If you're hired through your own limited company, an umbrella company, or any other 3rd-party, then it is not.

Can we agree on this much?

Exactly the case. Has to be for the ...ahem... tax planning schemes

This is nuts. You employ a bricklayer to lay bricks and he finishes the job but he sues to keep laying bricks i suppose? Wins his case and builds a ******* pointless extension. Or you employ a lawyer on a retainer to give you (crap) advice. tell him you dont want him anymore and he goes "oh no.... im going to ring you weekly with more crap advice. You cant dismiss me now!"

(on tax planning..mail me if interested...i know a man)
 
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Racing pundit John McCririck's employment tribunal has retired to consider whether the 73-year-old was sacked by Channel 4 because of his age.

McCririck claims he was dumped from his high-profile role on Channel 4 Racing by "anonymous suits and skirts" as part of a drive to hire younger faces.

The pundit, famed for his deerstalker, tic-tac gestures and gold jewellery, is taking his former employer and TV production company IMG Media Limited to the tribunal, alleging his sacking last year was motivated by age discrimination. Both firms deny discrimination in the £3 million case.

During the case at the Central London Employment Tribunal, McCririck claimed sexist remarks and rude behaviour, especially on reality TV shows such as Celebrity Big Brother and Celebrity Wife Swap, were a "pantomime" role that had been actively encouraged by Channel 4.

But the panel was told by witnesses from the station and IMG that he was dropped because he was "offensive" and "disgusting".

McCririck was ditched when Channel 4 awarded the contract for racing to IMG Media last year, and unveiled a new presenting team headed by Clare Balding.

The tribunal, which opened last Monday, has heard from the pundit himself, as well as witnesses including Channel 4's chief creative officer Jay Hunt; Jamie Aitchison, the channel's commissioning editor for sport; and Graham Fry, managing director of Sports Production Worldwide at IMG.

Its three-strong panel retired today after hearing oral submissions from counsel for both Channel 4 and McCririck, and will deliberate for the rest of the week. It is not known exactly when it will give its decision.

In closing submissions Thomas Linden QC, counsel for Channel 4, said McCririck had suggested he could switch from one "thoroughly obnoxious" persona to another, more serious one.

But he said it was not the case that bosses could say: "Look John, please be clean-shaven, please wear a grey suit, please don't go for this extravagant manner, please don't portray yourself as slightly mad, please don't be aggressive with the public, please don't call your colleagues bynicknames, please drop your reality television career because it's impinging on your work", and McCririck would have complied.

"As a matter of reality it simply isn't the case," Mr Linden said.

"We see time and time again the possibility of the claimant being a serious character and failing woefully," he added, giving an example of a Sunday Times interview where McCririck had "gone on" about Kate Winslet's breasts and wanting to have sex with Dawn French.

Mr Linden told the tribunal that a survey of viewers suggested McCririck highly unpopular with viewers, but added: "Even without data, it's a reasonable assumption, isn't it, that the claimant's profile, whether that is in his reality television programmes or in racing broadcasting, was off-putting to many.

"A lot of racing viewers are right-thinking people who find this sort of behaviour obnoxious."

Jennifer Eady QC, representing McCririck, told the panel the 73-year-old had already suffered the humiliation of having his days and hours cut but had carried on working.

"Why? Because Mr McCririck was passionate about this job," she said. "If there was one thing he loved doing it was this and he had done it for 28 years.

"It was hard to draw any conclusion other than this was his life."

She said IMG wanted a "younger, sexier, more glamorous" programme, which had influenced the decision to axe McCririck from its coverage.

"You have got to ask, have the respondents demonstrated that the decision had nothing to do whatsoever with the claimant's age?" she said.

The tribunal panel is expected to deliberate for the remainder of this week, but it is not yet known when it will give its judgment.

Speaking after today's hearing, McCririck said: "We were confident when we started bringing this back in the summer.

"I always said there would never be evidence given in writing like 'age discrimination, get rid of the oldies'. But I think the evidence has been overwhelming."

He blamed his sacking on a "change of culture" at Channel 4, which he said had become involved in a "desperate scrabble" for ratings.

McCririck said the tribunal had been "horrendous" but the support he had received had left him "choked up".

"It's an ordeal to have to go through, a daunting ordeal," he said.
 
for me John for me John for me John for me John for me John for me John....
you won't win

and just to rub it in... a hopeless presenter like me has still got a job.

for me..thats a result ...for mediocrity
 
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FFS, Ardross.

If you're an 'employee', yes. If you're hired through your own limited company, an umbrella company, or any other 3rd-party, then it is not.

Can we agree on this much?

It is not that simple - it depends on whether the relationship is truly a contract for services rather than a contract of service . The form used may indicate one rather than the other but it is not conclusive . A sham contract may be used to try and conceal a relationship of employer and employee.
 
He's can't help himself...

"After the hearing, McCririck said: "This is an historic setback for all employees in their 30s to their 70s.

"After such a landmark judicial verdict, my failed legal action ensures that anonymous suits and skirts, who control the media, numerous other businesses and the public sector, will now enjoy complete freedom to replace older employees whatever their unimpaired ability and merit.

"I have let them all down along with my wife, the Booby, my legal team, friends, colleagues and countless members of the public who supported me throughout. My grateful thanks and apologies to every one of them."
 
Case was doomed. I could never understand how anyone thought it could succeed and I hope the lawyers were on a conditional arrangement

I'm no fan of his but neither am I fan of a lot of presenters across various sports who benefit from the supposedly right age/sex/ethnic profile (although having the c4 racing presented by 5 doddery old men with dodgy bladders or 5 shrieking women on the blob would not perhaps be ideal. A mix is welcome)
 
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