A tweet by Gary Lineker about asylum seekers caused quite the media storm, with the BBC requesting he steps back from presenting Match of the Day over the weekend.
Now, after a whirlwind couple of days, the BBC has confirmed that Lineker will return to his presenting role.
But what can HR learn from this? HRreview has gathered expert insights from an employment lawyer and CEO.
Alan Price, BrightHR CEO, says:
“It can be difficult to balance freedom of speech without permitting behaviours that cause offence.
“Employees are entitled to hold their own opinions on any political, social, religious, topical, or other matter. However, in some cases, it will not be appropriate for staff to express them in the workplace; or the way in which they are manifested in work can be unreasonable.
“Where this happens, employers can take reasonable action against them. This has been confirmed by several recent tribunal cases. It’s important to remember that some opinions may be protected under the Equality Act 2010 as a philosophical belief. As such, businesses should be careful that they don’t discriminate against an employee or victimise others who support the employee with their beliefs, as doing so may lead to tribunal claims.
“Perhaps most crucial of all, the situation with Gary Lineker and the BBC serves as a timely reminder to employers to review their social media policy and make amends where necessary to ensure it is reasonable for today’s digital environment.
“BBC director general Tim Davie recognised that confusion was caused by the grey areas of the BBC’s social media guidance that was introduced in 2020. This highlights the need to conduct regular reviews of all contractual policies, to ensure they continue to provide the most benefit to all.
“Social media continues to evolve and grow; just a few years ago, TikTok was no more than an idea on paper, yet today it’s one of the most used digital platforms. It can sometimes be difficult for businesses to keep up with such technological advances, but it’s important they do so, to avoid issues like this arising. Ultimately, a reasonable and relevant social media policy can help safeguard both the employee and employer, as all parties are aware of what constitutes appropriate use. Where the policy is breached, employers are then able to take fair action against the employee for it.”
Martin Williams, head of employment and partner at Mayo Wynne Baxter said:
“Gary Lineker maintains that he is not an employee of the BBC, though he is in the middle of a dispute with HMRC as to whether that is the case.
“The relationship he has is governed by a contract that is not in the public domain. The guidance, which Gary Lineker is subject, and has been alluded to in the debate, has an element of grey to it.
“We will see what changes may come about as a result of any review. Freedom of speech can be impinged when there is a contractual relationship. The extent of any proposed restrictions will vary and requires agreement.
“Expecting a written agreement to cover all situations in advance is a big ask. The grey areas cannot be totally eliminated. The fall-out over the weekend also demonstrates how difficult it can be to manage staff who are freelancing. As they are not employees it is open for them to say they will not be available for a particular engagement.
“Flexibility works both ways: no promise of work, but no certainty that someone will turn up to work when approached to do so. We will be here again.”
Amelia Brand is the Editor for HRreview, and host of the HR in Review podcast series. With a Master’s degree in Legal and Political Theory, her particular interests within HR include employment law, DE&I, and wellbeing within the workplace. Prior to working with HRreview, Amelia was Sub-Editor of a magazine, and Editor of the Environmental Justice Project at University College London, writing and overseeing articles into UCL’s weekly newsletter. Her previous academic work has focused on philosophy, politics and law, with a special focus on how artificial intelligence will feature in the future.