The BBC is under fire for its decision to continue paying Huw Edwards' salary until April 2024, despite his arrest in November 2023 on charges related to the possession and creation of indecent images of children. The broadcaster's handling of the situation has sparked widespread criticism, highlighting the challenges employers face when dealing with employees under criminal investigation.
Balancing employee rights and reputational risk
In cases like that of Huw Edwards, employers are often caught between protecting the rights of the employee and safeguarding their own reputational interests. The BBC's decision to keep Edwards on the payroll has been seen by many as a misstep, emphasizing the importance of conducting a thorough internal investigation while also considering the potential impact on the business.
Legal experts suggest that when an employee is under criminal investigation, the first step for any employer should be to conduct a fair and reasonable internal investigation. This is essential to ensure that decisions are made based on a comprehensive understanding of the facts. Employers are also advised to liaise with the police to avoid prejudicing any ongoing police investigation.
Suspension and disciplinary actions: what should employers consider?
The decision to suspend an employee in such circumstances is not straightforward. Suspension may be warranted depending on the severity of the allegations, but it should not be an automatic reaction. Employers must document the reasons for suspension and ensure that the employee receives full pay during this period. Alternatives to suspension, such as reassigning the employee to different duties or allowing remote work, should also be considered.
Moreover, an employee’s involvement in criminal proceedings does not automatically justify disciplinary action. Employers must follow a fair disciplinary process, giving the employee the opportunity to respond to the allegations. If the criminal investigation concludes before any internal investigation, the employer must decide whether to proceed with disciplinary measures based on the findings.
When dismissal may be justified
In some cases, dismissal may be appropriate under the category of "Some Other Substantial Reason" (SOSR). This applies when an employee’s actions are serious enough to justify termination, such as in situations where their conduct raises significant safeguarding concerns. However, employers must be prepared to demonstrate that the dismissal is justified and that the employer's needs outweigh any potential unfairness to the employee.
As the BBC continues to face criticism for its handling of the Edwards case, other employers can take this as a cautionary tale. Careful navigation of legal obligations, fair treatment of the employee, and protecting the business’s reputation are all essential components in managing similar situations.
