BBC Director General Tim Davie is under scrutiny over his handling of the Huw Edwards investigation.
A recent tribunal ruling underscores the complexities of dismissing employees suspected of criminal activity, revealing significant HR and employment law risks.
The Huw Edwards Investigation
Culture Secretary Lisa Nandy has questioned why Huw Edwards was not dismissed when the BBC learned of his arrest and why he received a pay rise during this period.
This tribunal ruling highlights the HR risks involved in such decisions.
The Case of Jacqueline Difolco
Care assistant Jacqueline Difolco brought forward an unfair dismissal claim against Care UK after being charged with murder.
Her claim was upheld by the Employment Tribunal as Care UK failed to investigate whether the charges could reasonably cause reputational damage.
This case demonstrates the importance of thorough investigations before making dismissal decisions.
Legal Insights from Rob McKellar
Rob McKellar, Legal Services Director at Peninsula, commented on the Difolco case and its relevance to Edwards.
He noted that in the Difolco case, the employee had been charged but not convicted, whereas Huw Edwards was still under investigation.
McKellar added that dismissing Edwards prematurely could have led to the BBC defending an expensive lawsuit using taxpayers’ money.
Criteria for Dismissal
There are five fair reasons for dismissal under the law, one of which is misconduct.
Employers can also dismiss employees for ‘Some Other Substantial Reason’ (SOSR).
The test for a fair SOSR dismissal is whether the employer followed a fair process and acted reasonably.
Pay Considerations During Suspension
Employment contracts play a crucial role in determining pay during suspension.
If a contract states full pay during suspension, it must be honoured unless otherwise stated in the contract.
Even pay rises during suspension must be honoured unless there is a specific clause in the contract.
Recovering Wages
Employers may recover wages through wage recovery agreements.
They can ask employees to return the money if there is an agreement in place.
Failure to comply can lead to a claim pursued through civil courts.
Political Repercussions
Lisa Nandy has called for Huw Edwards to return his pay.
The outcome of this call remains uncertain.
The tribunal ruling related to Huw Edwards and Jacqueline Difolco offers a vital reminder of the intricacies of HR and employment law.
Employers must balance legal obligations with public interest to avoid costly mistakes.
