3:41pm Thursday 27th November 2008
The news on everyone’s minds these days is the Budget announcement. My mind however is on more important matters ….. football and the Arsenal match against Dynamo Kiev. All eyes will be on William Gallas, stripped of the hallowed captaincy for his outburst against his team mates last week claiming they lacked bravery and accusing them of in-fighting. I took an interest in the story from an employment law perspective. Really, Arsene Wenger is no different from any other boss trying to discipline an unruly member of staff. The “Guvernors” choice of sanction was a swift demotion. He demonstrated that he is not afraid to discipline even a star footballer; just as any manager should not be afraid to bring to staff’s attention unsatisfactory behaviour. The BBC also had a well publicised spot of bother with two employees recently: Russell Brand and Jonathan Ross. Ross was suspended without pay, (a total cost of £1.3 million). This is a risky step for any employer to take. Suspension without pay is effectively a disciplinary sanction and the “three step process” must have been completed. I wonder if the BBC undertook the necessary steps, inviting Ross to a meeting in writing, meeting with him, and then confirming the suspension without pay in writing and offering the right to appeal! When the BBC told Jonathan Ross that he would not lose his job, we were all puzzled. The investigation had referred to the calls as “grossly offensive”. In any other business this would have been gross misconduct and clearly dismissal would have been in the range of reasonable responses. However, it is refreshing to know that even large organisations can have the same issues that small businesses face with their employees. For any employment queries contact nikki.petken@salaw.com
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