Is the BBC on safe ground by punishing Ross and Brand?
The BBC has decided to draw a line under the Jonathan Ross and Russell Brand saga. Brand has resigned and Ross has been placed on a three-month unpaid suspension, reportedly a final warning. This followed intense media criticism of them leaving offensive phone messages for actor Andrew Sachs during their BBC radio show.
Unpaid suspension is not often used by employers. It is generally limited to situations where there are fair grounds to dismiss but the employer is imposing a lesser penalty. It does amount to relevant disciplinary action within the scope of the Employment Act Dispute Resolution Regulations 2004, so the employer has to follow the three-step standard procedure that applies to dismissals.
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