Colourful racing pundit McCirick loses age discrimination action

Tribunal: Dismissal due to ‘opinions seen as arrogant and confrontational’

John McCirick: “This is an historic setback for all employees in their 30s to their 70s.” Photograph: Seán Dempsey/PA
John McCirick: “This is an historic setback for all employees in their 30s to their 70s.” Photograph: Seán Dempsey/PA

Flamboyant racing pundit John McCririck was sacked by Channel 4 because his “pantomime persona” is “unpalatable” to a wide audience, an employment tribunal has ruled.

Dismissing the 73-year-old’s age discrimination claims, a central London employment tribunal panel said McCririck could be seen by some as “arrogant and confrontational”.

The pundit said 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, took 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 denied discrimination in the €3.5 million case.

In its judgment, the panel said: "All the evidence is that Mr McCririck's pantomime persona, as demonstrated on the celebrity television appearances, and his persona when appearing on Channel 4 Racing, together with his self-described bigoted and male-chauvinist views were clearly unpalatable to a wider potential audience.

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“The tribunal is satisfied that the respondent had the legitimate aim of attracting a wider audience to horseracing.

"Mr McCririck was dismissed because of his persona emanating from his appearances from celebrity television shows, and the associated press articles resulting from them, together with his appearances as a broadcaster on Channel 4 Racing where, as he accepted, his style of dress, attitudes, opinions and tic-tac gestures were not in keeping with the new aims, and his opinions seen as arrogant and confrontational."

After the ruling 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 . . . will now enjoy complete freedom to replace older employees . . . I have let them all down along with my wife . . . My grateful thanks and apologies to every one of them.”

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

Mr Linden told the tribunal that a survey suggested McCririck was highly unpopular with viewers. “A lot of racing viewers . . . find this sort of behaviour obnoxious.”