Dismissing an Embarrassing Employee

By Emma Cross in In the News on Tuesday, August 18, 2009

Two recent celebrity dismissals highlight the damage that can be done to a corporate brand by an employee acting illegally or misbehaving in public.  Reality TV star Kerry Katona was yesterday sacked as the face of supermarket chain Iceland after pictures emerged in a Sunday tabloid of the troubled star allegedly taking drugs.  The termination of Kerry’s contract comes less than a week after the BBC announced the dismissal of one of its television presenters, Ashley Blake, who has been convicted of wounding a teenager with a wooden pole.

Katona and Blake are both celebrities whose behaviour had generated a lot of negative publicity for the brands they represented - how does an employer deal with an ordinary employee who misbehaves in public or brings an employer into disrepute in the media?  An employer may be able to impose a disciplinary sanction, or in severe cases dismiss an employee, depending upon:

 

  • the severity of the misbehaviour and any mitigating circumstances;

 

  • the damage (or potential damage) the misbehaviour does to the employer's reputation or business interests;

 

  • the impact it has on the employee's ability to do their work;

     

An employer placed in this position should avoid making a ‘knee-jerk’ reaction; follow your own disciplinary policy (making sure it complies with the Acas Code on Disciplinary & Grievance Procedures) and consider these factors before deciding what disciplinary action, if any, to take.

 

 

Mark Hook wrote:

I think in the case of Kerry Katona this wasn't just a one-off but another in a series of PR nightmares for the supermarket. I think most people viewed saw this outcome occurring sooner rather than later. But I agree, employers must legally protect themselves at all times. Every business should have written disciplinary and grievance procedures. The Acas Code of Practice provides a guide to creating and managing the right paperwork and processes. If you fail to follow the Code of Practice, you could face an increase of 25 per cent in any award made against you by an employment tribunal. You may want to take legal advice to help you draw up your own procedure.

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