“£100,000 price to pay when settling a race discrimination claim out of court”
The much publicised personal injury and racial discrimination claim brought by Oisin Tymon against TV presenter Jeremy Clarkson and the BBC, has been settled out of court for a figure reported as being in excess of £100,000!
In November 2015, Tymon brought legal proceedings against the BBC and Clarkson, following an incident in which he was punched by Clarkson ending up with a bloody lip and subjected to a tirade of verbal abuse in an alleged row over the lack of hot hotel food. The BBC subsequently carried out an investigation into the allegation and held that Tymon had been on the receiving end of an unprovoked physical and 30 second verbal assault, in which Clarkson is supposed to have called the producer a “lazy Irish ****” – the basis for the racial discrimination claim. As a result of the investigation Clarkson was dismissed by the BBC.
The case had originally been listed to be heard at the Central London Employment Tribunal for a ten-day hearing, beginning on May 3. According to sources close to all parties, the BBC will make a contribution but Clarkson has agreed to foot the largest part of the compensation settlement himself.
Jeremy Clarkson has also apologised and Tymon’s lawyers Slater and Gordon were authorised to issue the following statement. Clarkson said: “I would like to say sorry, once again, to Oisin Tymon for the incident and its regrettable aftermath. “I want to reiterate that none of this was in any way his fault,” he continued. “I would also like to make it clear that the abuse he has suffered since the incident is unwarranted and I am sorry too that he has had to go through that. “I am pleased that this matter is now resolved. Oisin was always a creatively exciting part of Top Gear and I wish him every success with his future projects.”
A spokesperson for the BBC commented on the settlement: “We are pleased that matters have now been resolved.” “Oisin has made an important contribution to the BBC in his 12 years with us, and we hope to see him continue to realise his potential in his role as a development executive.” “We believe Oisin has a very exciting future at the BBC.”
The case serves to remind employers that racial discrimination should not be tolerated in the workplace, and the importance of ensuring you have the appropriate policies in place to support employees who may be subjected to such unacceptable behaviour. Taking steps quickly to address such incidents and carrying out thorough investigations and applying a fair process will help to minimise the damage which in this case cost the individual Jeremy Clarkson a very high price to pay.