The Top Gear Teaser....

The Top Gear Teaser

It may just be me but the Top Gear debacle this week with Jeremy Clarkson got me thinking about employment issues and the process followed by the BBC. What a way to kill an interesting story? Not quite….

#bringbackclarkson was trending on Twitter today in top place, a petition now has over 130,000 signatures, there is no doubting Clarkson’s popularity, but has he become too big for the BBC? Have they lost control of him and panicked?

So what has happened to date? The press noted Clarkson had been issued with a final warning, any more offensive or unacceptable conduct and he would be out of a job. This week we hear that Clarkson has been suspended following a ‘fracas’ with a male producer, further details emerge on the rumour mill that a ‘punch was thrown’, Clarkson allegedly ‘hit a producer’ and that it was over a catering issue.

Clarkson was the only person to be suspended. “Fracas” suggests a brawl, a fight, or the like. An action involving two people, yet Clarkson was the only person suspended. In addition Clarkson has denied any violent behaviour. While suspension is ordinary not utilised as ‘punishment’, and indeed at this stage in a disciplinary there should be no predetermination, yet the rest of the Top Gear series has been cancelled. That is three weeks of shows. Richard Hammond and James May are perfectly capable of hosting the show, and I believe (though may be corrected), they have hosted in his absence due to illness in the past. Top Gear is not cheap to produce and most of it is prepared and filmed in advance, to scrap three entire episodes on the basis of one presenter out of 3 not being available, something is not adding up.

 

Have Hammond and May refused to proceed without him? Do they disagree with what is happening to him? Whatever it is, there is clearly more to this that has been released to the press, the key being the 3 cancelled shows. Predetermined guilt is a hot spot for employment lawyers in assisting an unfair dismissal case, has the BBC condemned him too early by cancelling the shows?

Indeed by cancelling the shows the entire issue has become much bigger than it needed to be, by cancelling the BBC is most definitely putting its cards very boldly on the table rather than dealing with Clarkson quietly. All the while during the furore, the ‘fracas’ is still alleged, not proven!

 

There is no going back for the BBC unless there was a significant back track for the shows to be reinstated, which is unlikely. I simply find it astounding that they would take such a substantial step at suspension stage. Indeed I would not be advising my clients to take such bold moves unless they are prepared to argue on Polkey (would have been dismissed in any event even if the procedure was fair).

Stand by for updates as the rumour mill gathers pace.