With the news that Huw Edwards has pleaded guilty to making indecent images of children, the BBC is facing questions on why it continued to pay him while suspended and under criminal investigation.

The Suspension Saga
Imagine for a moment, you're running a high-profile organisation, namely the BBC. One of your most recognisable employees is suddenly embroiled in serious legal troubles. Do you:

a) Fire them immediately?
b) Suspend them without pay?
c) Suspend them with pay?

If you chose option "c," congratulations! The BBC’s decision to continue paying Huw Edwards during his suspension wasn’t a show of blind loyalty, but a necessary step to allow a thorough investigation.

To Pay or Not to Pay?
Let’s break it down. Suspension with pay is often the safest route when serious allegations arise. Why, you ask? Because it allows the employer to conduct a thorough investigation without prematurely concluding the employee's guilt. According to the ACAS Code of Practice, suspension should be considered if there are reasonable grounds to believe that the employee might interfere with evidence, pose a risk to colleagues, or if the allegations are grave enough to impact their role.

In Mr. Edwards' case, the BBC had to balance the seriousness of the charges with the legal rights of an employee. Jumping the gun with a dismissal could have led to claims of unfair dismissal, potentially opening the floodgates for legal action against the BBC.

Suspending someone without pay can be legally precarious unless the employment contract specifically allows for it.  However, this is very rare and not often advisable as it financially impacts the employee in a situation where they have not been found “guilty” of anything. This could give rise to allegations of prejudgment, especially if the employee is subsequently dismissed, which could weaken the employer’s defence to an unfair dismissal claim.

To Fire or Not to Fire?
The question of whether to dismiss an employee facing criminal charges isn’t straightforward either. Employers must consider whether the charges render the employee unsuitable for their role, whether it erodes trust and confidence, and if it risks the organisation’s reputation.

With Huw Edwards, the BBC had to weigh their potential reputational damage against the legal requirement for a fair process. While the allegations were extremely serious, they needed to establish the facts and consider if his continued employment was tenable. Huw hadn’t been convicted at the time of his suspension, his mental health would also have been a factor, and the BBC will have presumed he was innocent at this point.

Reputational Risk
Reputational risk is a tricky beast. It’s not just about what the employee did, but also how the public perceives it and its impact on the employer’s brand. For public-facing organisations like the BBC, the stakes are even higher. An employer must differentiate between actual and potential reputational damage. In this high-profile case, the media frenzy was a given, but a knee-jerk reaction to public pressure could have backfired legally.

Lessons for Employers
From an employment law perspective, handling cases involving criminal allegations are tricky. Employers must conduct a fair and thorough investigation, allowing the employee to present their side of the story. It’s not just about the alleged crime but also about how it affects the employee’s ability to perform their job and the overall impact on the workplace.

So, what should an employer do in such a scenario? Here’s a handy checklist: 

1.    Investigate Thoroughly: Always conduct a fair and thorough investigation before making any decisions.
2.    Consider Suspension: Evaluate if suspension with pay is appropriate to avoid prejudicing the investigation.
3.    Check Contracts: Ensure your employment contracts cover the eventuality of suspensions and criminal charges.
4.    Assess Reputational Risk: Carefully weigh the potential impact on the organisation’s reputation.
5.    Avoid Assumptions: Remember that allegations are just that until proven. Don’t jump the gun.
6.    Follow a Fair Process: Conduct a fair disciplinary hearing and offer the right to appeal.
7.    Seek Legal Advice: Complex cases often require specialist advice to navigate the legal intricacies.

In conclusion, the BBC’s decision to continue paying Huw Edwards while he was suspended might seem perplexing, but it was rooted in a careful balancing act of legal obligations, contractual terms, and public perception. It was less about keeping Huw Edwards happy and more about ensuring that their actions stood up to legal scrutiny. Ultimately, as an employer, it’s not just what you do, but how you do it, that counts.

If you require any help or assistance regards this topic or anything else employment law related, please contact our Employment Law Team