10-03-2023, 11:18 PM
(10-03-2023, 11:09 PM)interestednovice Wrote:(10-03-2023, 10:57 PM)Adsales Wrote: He can’t be sacked. He’s not an employee. He’s the individual named to present in the services agreement between his company and the BBC.That’s why I said he would “effectively be sacked for breach of contract”. In reality, as he is not an employee, the contract would be terminated due to breach. The overall impact of that is equivalent to a sacking
HR doesn’t factor in this at all. It’s a commercial contract.
The substitution clause will allow his company to provide a suitable alternative individual and the Beeb will have the right to refuse.
Assuming he and his lawyers know how to do business the termination period for the agreement will be at least a year.
Add to that, the BBC is likely to have given evidence in the ongoing IR35 court case between his company and HMRC and by doing that they would have made clear that he is autonomous and only be bound by internal policies whilst providing his services - i.e. whilst he is on air.
I am, as I said, assuming that such clauses would be in the contract. I am assuming this as they are standard for absolutely everything. When you are ending a contract because the other party is in breach, any time limit to ending it is usually void. Again, assuming it is drafted properly. I don’t know why you would assume Lineker has a crack team of top lawyers but the BBC doesn’t. I would think both parties do and the agreement is likely very complicated, but legally sound.
The BBC has lost numerous high profile cases over the last 10 years or so. Cliff Richard? Age discrimination against Miriam O’Reilly? Samira Ahmed?
The simple reason for his contract likely not including social media restrictions is that he’s been presenting MOTD since for 20+ years. The BBC is often sloppy. Believe me, I know. I would not at all be surprised if the wording of his current contract is the same as his first save as to his fees.