Manchester, England – The BBC has confirmed that MasterChef presenter John Torode will no longer work on the show, after an allegation that he used an “extremely offensive racist term” was upheld. It’s being reported that Torode is now considering his position in terms of an unfair dismissal tribunal claim, which throws up some interesting considerations.
Kate Palmer, Employment Services Director at Peninsula, says, “People who lose their jobs in similar circumstances can often consider they have been treated unfairly. But, regardless of the level of allegation, there are established rules that will be applied in the same way as all dismissals.
“First, only employees can claim unfair dismissal so an analysis of Torode’s contractual position with the BBC would be needed; it’s possible that the sometimes-complicated structure of the BBC commissioning production companies to make programmes means there is no direct connection between the two. Provided the analysis shows that there is the required relationship, the next interesting point is Torode’s reported comments on proof.
“‘Proof’ doesn’t necessarily play a role in a dismissal for bad behaviour; what is needed is that the employer forms a reasonable belief that something happened, based on a thorough investigation.
“Another point that is not fatal to an employer’s argument is that misconduct took place outside of work. It’s a fact that employers can fairly dismiss based on behaviour in an employee’s personal life. But, as in all cases, a fair and reasonable dismissal procedure from the employer is needed, and it’s this element that would be heavily under the microscope.
“Importantly, a finding of unfair dismissal does not always mean that the employee in question did not commit misconduct. An employment tribunal is more concerned with how an employer acted in response to the allegations.”