Gary Lineker, social media & employment - The highlights

It has been very difficult over the last few days to avoid the headlines about the tweet by Gary Lineker, the BBC’s response and the fallout from it.

As an employment law solicitor, I have been intrigued by it. I do not know the specific contractual arrangement between Lineker and the BBC or the policies and procedures that the BBC has in place, but it seems quite clear that the BBC expects and enforces impartiality from those it engages with it – whether as employees or freelance.

This feature is about Lineker’s actions in expressing a view – any view – in the first place; it is not about ‘is what Lineker said right or wrong?’ or the words he used to express them. It is also not about whether he has a right to express his views. It is very clear that there are a number of different and strong views about what he has said (and the proposal he makes the comments about). It is also very clear that he does have the right to express his views and this should be respected.

However, like it or not, his views do (or have the potential at least to) reflect on any organisation he is associated with in any capacity. And this leads me to the flipside. 

The BBC have a contractual arrangement with Lineker in conjunction with, no doubt, policies and procedures that govern the relationship. From what I have read, those arrangements extend to an expectation of impartiality in his actions as part of his role on behalf of the BBC and externally. If that is the case, and the BBC are of the view that he has breached those arrangements by his actions, they have a right (and some might say duty) to enforce them and to take reasonable action against him.

This situation has highlighted something I and the employment and BLHR team at Birkett Long regularly advise on:

• As individuals, it is important that we understand our actions and words in the workplace, as well as outside the workplace, can have consequences for us in the workplace. That is the case whether or not any social media account identifies organisations individuals are associated with or expressly states the ‘views are my own’.
• As employers, having appropriate policies and procedures in the first place is imperative as is taking steps to enforce them. This is often straightforward, clear and non-contentious; sometimes, however, there is a difficult line to tread between strong views on both sides, arguments about what is ‘right’ and ‘wrong’ as well as a ‘need’ to enforce policies and procedures no matter how, for example, prominent, well-liked or good at their job someone might be. It might be easier for an employer or manager to turn a blind eye but policies and procedures are in place for a reason and not taking appropriate steps to enforce them can cause issues in the short and long term. For example, action taken against others in the past might be the basis of a challenge due to action or inaction in the present, the action that can reasonably be taken against others in the future in similar circumstances could be fettered by the action or inaction now and it is important to consider the message that any action or inaction sends to the wider workforce of what is and is not acceptable.

The Birkett Long employment and BLHR team can support and advise your organisation in reviewing your policies and procedures, including codes of conduct, social media use and disciplinary procedures, to ensure that you have the right level of protection should a similar situation arise as well as guide you through the process should you need to take steps to enforce them. We can also provide tailored training to your staff and managers about activities and social media use both within and outside the workplace. 

As an individual, subject to a process due to actions you have undertaken outside the workplace, whether on social media or otherwise, our experienced team can support you and advise you on how to respond. You can contact me on 01206 217318 or email me [email protected].