Six employment law lessons from the Jeremy Clarkson saga

The recent high-profile sacking of Jeremy Clarkson by the BBC following his assault on a co-worker holds many lessons for employers on how to handle misconduct in the workplace.

The Top Gear presenter lost his job when he was involved in a “fracas” with producer Oisin Tymon following a row over the lack of hot food after a long day of filming.

A BBC report detailed how Clarkson launched a sustained physical and verbal attack on Mr Tymon and that the victim required hospital treatment. BBC director general Tony Hall said Clarkson had “crossed a line”.

The BBC came in for criticism from fans for sacking one of its most successful presenters, but from an employment law perspective, the corporation would appear to have handled the affair in the appropriate manner.

Here are six lessons I think other businesses can learn from the Jeremy Clarkson saga for handling violence and other gross misconduct in the workplace.

1. Act quickly to suspend if the alleged misconduct warrants it

The decision to suspend should never be taken lightly but as this case involved physical violence, Clarkson’s suspension was warranted. Taking this decision quickly takes the heat out of the situation and gives those investigating the incident the necessary breathing space to get on with the job.

2. Have robust internal rules and procedures

The BBC clearly followed its own employment procedures in suspending Clarkson and then in appointing BBC Scotland chief Ken MacQuarrie to conduct an investigation. Though Mr MacQuarrie works for the BBC, he had the necessary distance from Clarkson and Top Gear to conduct a thorough and unbiased investigation into events. All businesses should have clear disciplinary rules and procedures, which explicitly details what is unacceptable behaviour and what constitutes gross misconduct and which details the business’ procedures for investigating any alleged transgressions.

3. Conduct a thorough investigation

Judging by the report released by the BBC this looks to have been a very detailed investigation in which the parties and witnesses involved appear to have been interviewed at length. It’s important for businesses investigating employee misconduct to be able to demonstrate they have taken all reasonable steps to investigate the incident thoroughly and fairly to establish the full facts.

4. Announce the decision quickly

The decision to drop Jeremy Clarkson looks to have been made very quickly after the investigation concluded. This is important in bringing clarity to the situation and not having a cloud of uncertainty hanging around the business for many weeks, not to mention the cost to a business if an employee is suspended with pay for weeks at a time.

5. Communicate clearly to avoid rumour and doubt

The BBC, as a public service that receives a huge amount of public scrutiny, has more need than most to communicate its decisions to the media. Announcing the decision to terminate an employee’s contract publicly is not something most businesses will ever have to do, but the principles of communicating are still the same. The person alleged to be involved in the misconduct should be updated on the progress of the investigation. A decision should be made by the investigating officer about what statement is made about the investigation and all those involved should be reminded of the confidential nature of the investigation. If a decision is made to terminate the employment then it is always good practice to make an appropriate announcement to your staff on why the employee has left. Similarly, if an employee is returning to the workplace after a period of suspension, or investigation, then you may also want to make an appropriate internal announcement.

6. Go through the correct legal procedures

The BBC will certainly have received expert legal advice on this matter and it’s important for all businesses to do the same in such situations. Even though the decision to terminate employment may be the right one, if it’s not done following the correct procedures, then the business may be the one that ends up in hot water. It’s vital that legal advice is sought at the earliest opportunity.

For more information on handling misconduct in the workplace, or any other employment law matter, contact the Employment team on 01772 258321. The firm have offices in Preston and around the North West to provide legal advice in Lancaster, Clitheroe, Garstang and Kendal.