JEREMY Clarkson has recently been suspended as a result of an allegation that he punched a producer.

The full facts are yet to emerge so it is difficult to know if the allegation has any substance or whether Clarkson has a defence.

However, if upheld, it could be the end of the road for Clarkson working with the BBC.

Not simply because violence is ordinarily deemed by employers to be ‘gross misconduct’, thereby justifying summary dismissal, but also because Clarkson is already on a final written warning for his previous behaviour.

Whilst known to be controversial at times, Clarkson is a very popular TV presenter.

It is estimated that Top Gear regularly pulls in five million viewers per episode.

So why has the BBC decided to suspend Clarkson pending disciplinary action instead of turning a blind eye?

By failing to investigate this matter and potentially discipline/dismiss Clarkson, the BBC would open itself up to other legal risks.

Specifically, claims of unfair dismissal and possible discrimination should other employees commit similar acts in the future and be dismissed.

Moreover, it should be remembered that the BBC is publically funded, governed by six public purposes and follows its own core values, including “respecting each other and celebrating diversity so that everyone can give their best”.

By failing to take appropriate action against Clarkson the BBC would be damaging its own credibility and reputation as a leading broadcaster, not only in the UK but worldwide.

The Porter Dodson Employment law team is here to help you with any questions you may have.

Contact Laura Roper on 01823-625816 or laura.roper@porterdodson.co.uk