We have all read about Jeremy Clarkson and his apparent 'dismissal' by the BBC for the unfortunate incident with a fellow employee. What however remains unclear is whether JC was actually formally dismissed by the BBC and, if so, for what reason.
The quote from Lord Hall to the waiting press was that the contract of JC would not be renewed. It would appear that JC and his two co-presenters all have fixed term contracts that end at some point this year. The contract of JC appears to be due to end within the next few days in any event.
The non-renewal of a fixed term contract is still technically a dismissal but it is a very different situation from a dismissal without notice for gross misconduct. If JC was not dismissed for gross misconduct and it is simply a case that the BBC will allow his contract to come to an end in the next few days then this may have serious implications for the BBC. If another person faces similar allegations in future and is dismissed for gross misconduct then that employee may have a potential claim for unfair dismissal on the basis that their case has been dealt with in a manner inconsistent with other decisions. This can potentially be a way in which any employee can successfully win a claim for damages for unfair dismissal.
Whether or not we ever learn the whole truth behind this 'dismissal' may become apparent in the forthcoming weeks. What is also clear is that no employer can allow any employee to continue to work for them once such an incident has taken place. Bearing in mind that the BBC is funded by all of us we perhaps deserve to know whether this is a case of summary dismissal or a fixed term contract being allowed to conclude.
The main thing that smaller companies can take from this event is that you need to be consistent in your approach when disciplining staff. It can never be a case of one rule for one and one rule for another. If you do adopt an inconsistent approach then you can expect little sympathy at a Tribunal hearing. What the BBC can learn from this is that they really need to be a little clearer on what happened and whether there has been a dismissal without notice or alternatively will JC continue to be paid under his present contract until it expires. This does involve taxpayers money after all.
If you have any comments to make upon this blog then please feel free to leave them. To discuss any employment or HR matters please contact us at info@chilternsolicitors.co.uk or visit our website at www.chilternsolicitors.co.uk.
