11-03-2023, 07:15 PM
(11-03-2023, 06:30 PM)Stockland Hillman Wrote:(11-03-2023, 05:45 PM)Adsales Wrote: Honest question - have you ever seen an agreement for the provision of services issued by the BBC or any other broadcaster (or business in general)?Yes I have. Non BBC but several major UK broadcasters.
Happy to take this to PM to explain to you why you’re wrong.
You’re conflating so many entirely unrelated things.
Without disclosing specifics, all DO include mechanics to bind contractors [and obligate them to pass on to downstream contractors] many things covered in staff handbooks including social media and Non disparagment policies in addition to fairness and equality policies of the broadcaster where they go futher than basic law; along with editorial codes
While General 'disrepute' clauses are tricky to enforce, as they require demonstration of loss, binding contractors into behaviour clauses of defined policy IS done, widely. I can think of a major US owned corp who go as far as defining the percentage of the fee at risk for breaches, along with methodology for determining a breach
I'm sure you understand I'm being very broad in this discussion, but am very confident I'm not wrong.
We've a very mixed membership here but you are very welcome to PM
Ok so if you please check the section about the obligations about the “duties and obligations” of the consultant (the provider of the services) then you’ll see that the wording is as follows:
During the Engagement the Consultant shall comply with the Client's policies on [social media] [use of information and communication systems] [anti-harassment and bullying] [no smoking] [dress code] [substance misuse] [OTHER RELEVANT POLICY].
Engagement is defined in common and case law as the periods during which the consultant provides services to the client. In other words, in this case the occasions where Lineker is working for the BBC. Not while he works for other companies or where he does in general not represent the BBC.
The sole legally valid restrictions on a contractor are confidentiality, IP, disparaging actions, poaching (clients and staff) and not to perform services which are deemed similar to a competitor.
This is further underlined by HMRC IR35 assessments and seemingly the BBC has provided evidence that he is outside of IR35 to HMRC.
If he were employed then this would be an entirely different kettle of fish with social media policies for example reaching all the way into entirely personal posts, out of working hours and the BBC would be in full control.