BBC missed the opportunity to act swiftly on Edwards case
In an interview with The i Paper, Partner Susan Thompson comments on the BBC's handling of the Huw Edwards case and how the BBC would have been well within its rights to dismiss Edwards immediately following his arrest back in November 2023.
Susan comments that the BBC had potential grounds to dismiss Edwards after his arrest for receiving indecent images of children, even if the behaviour happened outside of work. She outlines several reasons an employer could use to start disciplinary action, "That would be: are you still suitable to do your job?. What's the effect on your relationship with us — has trust and confidence gone between us? What are your colleagues saying?."
She suggests that in such cases, an employer would typically suspend the employee and begin an investigation, "You potentially will bring the BBC into disrepute. So, then what an employer would do, you would suspend and then you would move into disciplinary, into an investigation." If the employee doesn't cooperate, the employer can make a decision based on available information.
Susan emphasises that bringing an employer into "commercial disrepute" is sufficient grounds for dismissal. Given the BBC's high profile, she expresses surprise at their slow response: "If they were aware that he was arrested for the reasons that he was, given it's the BBC, I'm surprised they didn't move then."
The BBC's procedures for handling employee arrests may need review, and "they should have moved more swiftly," according to Susan. She questions, "Did they move quickly enough once he was well enough to deal with an internal investigation into what he'd done or not done?"
While the BBC cited concerns about Edwards' health as a reason for delay, Susan notes that employers need to be "reasonable". Mental health concerns might pause the process, but "not for ever".
Susan believes it's "highly unlikely" the BBC could reclaim Edwards' salary, though bonus payments might be possible. "If you commit an act of misconduct or something, particularly in financial services, it’s not uncommon to see clawback clauses, but I suspect the BBC wouldn't have that in their contract," Susan concludes.
This case highlights the complex balance employers must strike between caution and decisive action in high-profile situations. It also underscores the importance of clear procedures for handling serious allegations against employees, especially in organisations with significant public visibility like the BBC.
Susan’s comments were published in The i Paper, 2 August 2024.
