Michael Beattie v Ulster Television PLC
| Jurisdiction | Northern Ireland |
| Judge | Higgins J |
| Judgment Date | 2005 |
| Neutral Citation | [2005] NIQB 36 |
| Date | 21 April 2005 |
| Court | Queen's Bench Division (Northern Ireland) |
1
Neutral Citation No. [2005] NIQB 36
Ref:
HIGF5223
Judgment: approved by the Court for handing down Delivered:
10/3/05
(subject to editorial corrections)
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
QUEEN’S BENCH DIVISION
________
BETWEEN:
MICHAEL BEATTIE
PLAINTIFF;
-AND -
ULSTER TELEVISION PLC
DEFENDANT.
________
HIGGINS J
[1] Michael Beattie (hereafter referred to as the plaintiff) was born on
6 October 1952. He left Methodist College Belfast in 1970. After training as a
reporter, he enjoyed several jobs with different media organisations in
Northern Ireland. In 1976 he joined Ulster Television Plc (hereafter referred to
as the defendant) as a reporter and presenter of television programmes in
news and current affairs. In 1979 he left the defendant and worked for one
year with the BBC as a senior reporter. In 1980 he returned to the defendant
as Deputy News Editor. He left in 1985 and worked for two years with an
Independent Film Producer. In 1987 he returned to employment with the
defendant, this time as an Assistant Programme Controller and remained
with them until 2001, when the events, with which this action is concerned,
occurred. On appointment in 1987 he was responsible to the Controller of
Programmes, then B Waddell, who was his line manager. Over the years the
person to whom he was responsible, who was also his line manager, changed.
In 2001 it was Alan Bremner, who was then Programme Controller. As an
Assistant Programme Controller the plaintiff was part of the management
team and served on most of the managerial committees. He worked almost
exclusively in news and current affairs. The title of those with management
positions changed over the years and so did the plaintiff’s. By 1992 his salary
2
had increased to £41,000. From time to time he was commended for his work
and was never the subject of written or oral criticism. Other managers retired
or moved on and new managers were engaged. One of these was John
McCann who was appointed Financial Controller and later became General
Manager, which was a newly created position.
[2] The plaintiff recounted how shortly after his appointment Mr McCann
asked to see him. He told the plaintiff that he was seen as someone not
committed to the company and some reference was made to his attitude at
managerial meetings and to his facial beard. Nothing more came of that at
that time.
[3] In 1991 Robert (Rob) Morrison joined the company as editor of a
current affairs programme called ‘Counterpoint’. At that time the plaintiff had
overall control of current affairs. He had good relationship with Mr Morrison
who was previously with RTE. Indeed the plaintiff had suggested to
Mr Morrison that he apply for the post with UTV.
[4] As Assistant Programme Controller the plaintiff was in charge of a
significant number of staff, who included programme producers, newsroom
reporters, television presenters and editors. In addition he was responsible for
a considerable number of hours television output per week. In 1993 a major
reorganisation took place within the defendant company. The plaintiff was
called to a meeting with Mr McCann and Mr John Hutchinson, then personnel
manager. The plaintiff recounted that he was told he was “not the man for the
job” and that he carried “too much baggage”. He asked for an explanation but
no detail was provided, but his managerial abilities were not questioned.
Later he was told he was too friendly with his staff. His job was re-designated
as Head of Factual Programmes and his duties were changed to responsibility
for the editorial content and performance of the weekly current affairs
programme “Counterpoint”, “Police 6” and factual documentaries. This took
effect from 28 July 1993. As a result he lost the majority of his staff and his
previous hours of output. “Counterpoint” had a small weekly output. At the
meeting he was told that his salary would be “red-circled”, that is not
increased until the salary of everyone else on his scale was increased, as the
salary he was then paid was above what a Head of Factual Programmes
would be paid. The plaintiff remained within the management of the
company but he considered this a sideways move within management and a
demotion. He regarded his status within the defendant company to have been
diminished. He considered leaving but at 41 years of age his options within
television, which was his life long passion, were limited. As he put it he was
doing a job he liked and for which he was well paid and decided on balance
that it was better to stay. Other personnel were affected by the changed
introduced in July 1993. Mr Morrison became editor of “UTV Live “ ( a daily
news programme ) with responsibility for all bulletins in addition to editorial
content and performance of “UTV Live at 6 “.
3
[5] Between 1993 and 1996 the plaintiff worked as Head of Factual
Programmes with no increase in salary. He was unaware of anyone else in a
similar position. His main duty was overall responsibility for “Counterpoint
“which was presented by Michael Nesbitt. This programme involved
broadcasts on topical issues or in response to current affairs and events. It was
a high pressure position for which he received much praise and
commendation but significantly no complaint or criticism. During the period
1993 – 1996 his line manager was Mr McCann and Alan Bremner was in
overall control.
[6] In 1996 the plaintiff was called to a meeting with Mr McCann and
Mr Hutchinson in Mr McCann’s office. Mr McCann was by then the General
Manager, later to become the Group Chief Executive. At this meeting the
plaintiff was told that there was no longer a place for him in the management
of the company. The plaintiff asked why and recounted that he was told that
“going into it in detail would not be good for him or would be damaging for
him “and that there was “no point in dismantling it brick by brick as the
decision had been made”. The plaintiff said they discussed the future. He was
told that if he chose to leave he would receive a year’s salary. If he chose to
stay he could still produce television programmes, but his role in production
was not specified. The plaintiff was very upset by this and was almost
reduced to tears. He said he felt completely devastated and lost a lot of
confidence. However in view of his age he decided to remain, as he could
continue to produce programmes. His title was changed to Senior Producer
and his salary was reduced. Various perks that he received as part of the
management were withdrawn, though he was allowed to retain his car until
renewal, when the new vehicle would be downgraded. Over time he lost his
office and the secretary he shared with a colleague. At the same time Mr
Morrison became Head of News and Current Affairs and the plaintiff’s line
manager. Mr Morrison thus became Editor and was responsible for all News
Programmes and “Counterpoint” was absorbed into the new News and
Current Affairs area of responsibility. This the plaintiff regarded as, and was
in fact, a reversal of their previous roles. With some foresight the plaintiff
spoke to Mr Morrison and told him that he bore no ill will and that he would
“work to him”. Mr Morrison said he accepted that and said he would “give
the plaintiff his place”. The plaintiff and Mr Morrison attended meetings
where the nature and content of programmes were discussed. Mr Morrison
had a separate office, whereas the plaintiff shared a general office with the
small team assigned to “Counterpoint”. As time passed the plaintiff
discovered that the new arrangements were not working. He found Mr
Morrison did not “give him his place”, avoided talking to him and instead
spoke to more junior personnel. He did not consult the plaintiff at the outset
about the content of future programmes. The plaintiff said he was often
brought in late to “tidy up” productions or was assigned to something as the
last resort.
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