Friday, 11 February 2011

Sexism and Sacking - when's a joke just a joke?

There's been such a lot written about the Andy Gray and Richard Keys sexism debacle, so I won't go into the details much. For anyone who has been living on Mars for the past couple of weeks, the scallywags got into a lot of trouble when they made disparaging remarks about a female assistant referee during a private conversation after a game at Sky Sports. It all kicked off from that point, leading to Gray's dismissal and Keys' resignation.

There have been comparisons drawn between these comments and those seen regularly on ITV's Loose Women, with many people feeling that there is not much difference between Gray and Keys' comments, and the usual "men are useless" jokes made by the Loose Women team. Those defending the ladies' sexism say that their comments are made publicly, and in a sense of humour, banter and mockery. So is it worse to make a sexist comment in private? Or is it the same as a broadcastable one? Should we be punished for making a private joke? When will the Thought Police step in?

Sexism is seen as a worrying trend in broadcasting, an industry where women are in the minority. Female broadcasters complain of being treated unfairly, and having had sexist comments directed at them both publicly and privately. Men will be men, sure, but where do we draw the line? Jeremy Clarkson has said that his Top Gear co-star Richard Hammond could, in theory, be sacked for sexism after making a risque joke to a female paramedic whilst being treated in South Africa. He goes on to say that anyone who agrees with this lacks tolerance. Do they? Or is he just a dinosaur who likes to say whatever he wants and anyone who is offended written off as intolerant?

So, what about all this sexism sacking malarky? Fair do's, or political correctness gone mad? Well, it all comes down to the Equality Act 2010, which states that 'harassment or direct discrimination' is wrong in the workplace. Employers are therefore liable if they fail to act upon, and prevent, harassment or sexist behaviour. According to Clarks Legal, legal experts, employers can adopt a zero tolerance policy relating to discrimination, harassment or misconduct (even if there is no complainant, which sounds odd). However, most tend to issue a warning, giving the offender the chance to act upon it. It transpires that, in fact, Andy Gray was given a warning, but blew it by later making an inappropriate comment to a female colleague. According to www.Direct.Gov.uk, there has to be 'fair reason' for dismissal. If sexism counts as harassment, and harassment as misconduct then, yes, it is fair to sack someone for being sexist. The trouble with high profile cases is, however, that they rarely act as a benchmark for other cases. Would an office worker be sacked for making a private, sexist joke to a colleague? Or would it be laughed off by anyone in earshot?

So what does this all mean? Should we get fired for making a joke? Who complains about these things, and why - is it always serious enough to warrant complaint, or do people overreact? Is it better to walk away from a situation, as Keys did, or stand your ground? Andy Gray was given the chance to improve his behaviour, and chose not to, so paid the price for that. All he had to do was apologise and stop being such a sexist pig, and he would have been fine! Although he did receive a nice little payout from Sky, and now works for TalkSport, so hasn't been punished too harshly. It's a difficult one to call, but it seems that the television world is finally coming to terms with the fact that sexism - under the banner of harassment and discrimination - is no longer acceptable and should be punished in line with legal requirements. It's no bad thing, if you ask me, as long as the offence is genuinely covered under the Equality Act and not over-exaggerated in order to make an example of anyone.

But then again, I work for an all-woman company, so the only sexism I have to deal with is against men... and that's different... isn't it?

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