The news that BBC Top Gear presenter Jeremy Clarkson has instructed solicitors to represent him in any potential commercial dispute against the BBC for breach of contract/unfair dismissal will no doubt come as no surprise.
An investigation into the conduct of Clarkson has apparently concluded that he engaged his producer in a 30 second physical assault after a long verbal tirade of abuse. This took place following the incident earlier this month at a North Yorkshire hotel after filming on location. The presenter was said to have been unhappy after being offered a cold platter of food after filming rather than steak and chips.
If it is concluded by the investigating manager that he did assault the producer Oisin Tymon, then ordinarily a formal disciplinary hearing would be convened at which Mr Clarkson would face the allegation of assaulting a colleague which would amount to gross misconduct. Physical assault on a colleague is perhaps the clearest example of gross misconduct besides theft or fraud and it would be very unusual if an employee were not instantly dismissed. This would mean that he would not receive payment in lieu of the notice period in his no doubt lucrative contract and most advisers would be of the view that a claim for unfair dismissal would have little merit. As there is a cap on compensation for unfair dismissal of around £78,000, the more obvious claim would be for breach of contract. Without examining all the evidence, it is difficult to speculate further although one factor in Mr Clarkson’s “defence” may be that the fracas was a two way street and if only Mr Clarkson is dismissed, he may have an argument of inconsistency of treatment.
It is now reported today that his contract “will not be renewed” but whether he has been dismissed is unclear
Mr Clarkson is no stranger to controversy and there are reports that he has previously been disciplined over his behaviour which has, until now, been confined to alleged discriminatory remarks and comments .
It remains to be seen whether he will be dismissed or whether other commercial factors prove to be influential, as like him or loath him, there is no doubt that Jeremy Clarkson as the lead presenter of Top Gear attracts a global audience of followers.
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