What lessons can employers take from the Jeremy Clarkson saga?

After two weeks of intense speculation, one of the most public employment disputes has drawn to a close with the BBC's decision not to renew the contract of Jeremy Clarkson.The Top Gear presenter had been suspended on the 10^th March after he was involved in a physical and verbal altercation with a producer on the show. The cause of the 'fracas� was said to be over the lack of hot food following a long day of filming on location in North Yorkshire.Whilst there will be many who are disappointed with the BBC's decision (James May crassly describing it as a 'tragedy� according to the BBC), it appears the BBC in making its decision have acted in an appropriate manner. Proceeding in line with their own procedures and in accordance with employment law requirements.So what employment law lessons can Employers learn from this dispute which played out so openly in the public eye?

1. An employer should have clear disciplinary rules and procedures in place

An employer's disciplinary rules and procedures should clearly detail their procedures for dealing with any allegations of misconduct. Employers should also clearly detail in their contracts of employment and staff handbook misbehaviour which they would deem to constitute gross misconduct.

2. If an allegation of misconduct necessitates, suspend the employee

An employee should be suspended, where there is alleged misconduct and there is a risk of the persons involved in the investigation being intimidated or of evidence being corrupted. The decision to suspend, or not, will also depend on the gravity of the allegation. In the case of Jeremy Clarkson where physical violence and therefore gross misconduct is alleged, it is appropriate to suspend the employee.

3. Conduct a thorough and impartial investigation

An employer deemed by an Employment Tribunal to have unfairly dismissed an employee, are often found to have done so because they failed to successfully deal with the first stage of the disciplinary process, the investigation stage. A disciplinary process has to be fair, meaning the employer has to demonstrate they took all reasonable steps to investigate the incident of misconduct thoroughly and impartially. Indeed the more serious the consequence of dismissal for the employee, for example the loss of their career, the more careful an investigation should be.

4. Act quickly and make decisions clear

Employers should deal with issues promptly and should not unreasonably delay meetings, decisions or confirmation of those decisions. Whilst a decision to suspend an employee should never be taken lightly, it is important to act quickly in investigating alleged misconduct. The decision to suspend Jermey Clarkson was made public on the 10^th March, six days after the incident is alleged to have occurred. However, it is impossible for us to know whether or not Clarkson was made aware of the decision earlier.

5. Communicate clearly

Fortunately, the majority of employers won't experience anywhere near the same level of public interest seen in the Jeremy Clarkson case. Despite this, clear communication remains vital.  It is extremely important to clearly communicate with the employee throughout the process. Once a decision has been made, an announcement to staff can relieve any uncertainty which may have gathered around the business.

6. And what of the employee?

Employers should ensure an employee is aware of their responsibilities even when 'they're not at work�. Some employees believe they are immune from disciplinary action if their misconduct takes place outside of work or working hours. However, this is not the case where the misconduct is sufficiently closely connected with work to have an effect on the working situation

7. Finally, make sure the right legal procedures are followed

Whenever disciplinary action may be taken, having access to the right legal advice can be crucial. Even though the decision to dismiss an employee may be the right one, employers can still be left open to unfair dismissal claims if the correct procedures are not followed.

Contact Farnworth Rose Solicitors for expert employment law advice

For expert advice on the employer, employee relationship, contact the dedicated employment law solicitors at Farnworth Rose Solicitors today.To receive a free consultation with no obligation to continue, call us today on 01282 695 400, or simply complete our easy contact form to arrange a quick call-back.If you'd like more information, please visit our dedicated website to find out how our employment law solicitors can help you.