On Monday 16th September 2024, former BBC newsreader Huw Edwards was handed a six-month suspended prison sentence for accessing indecent images of children. Alongside the suspended sentence, he will be placed on the sex offenders’ register for seven years and certain other conditions must be met: Edwards will now have to undergo 25 rehabilitation sessions, participate in a sex offender treatment programme for 40 days and pay £3,000 in prosecution costs. 

One of the more pressing questions now, however, is whether Edwards will return the £200,000 salary paid by the BBC after his arrest in November 2023. The BBC has requested that Edwards repay the salary following his admission to three counts of “making” indecent images of children.  

Hannah Dowd, an Employment Solicitor here at Jackson Lees, breaks down the BBC’s employment policies and the complexities involved in recovering the salary. 

Hannah explains: 

 From an employment law perspective, the following issues are particularly relevant: The BBC’s contract with Edwards likely contained provisions outlining the circumstances under which the contract can be terminated. If Edwards’ actions constituted a breach of contract, the BBC may have had grounds to fairly terminate his employment."

“Despite the fact the BBC’s contract with Edwards likely contained provisions for termination under certain circumstances, since Edwards was suspended and paid during the suspension, reclaiming the salary might be difficult."

Hannah continues, “Originally, they suspended him – perhaps because he did not admit to his employer that the allegations] were true. In any event, he was paid whilst suspended. This is normal practice for employers and in line with ACAS guidance on fair disciplinary processes."

If the allegations were untrue, and the BBC failed to pay, they may have been criticised and would have been party to costly litigation." 

"The BBC was also aware of Edwards’ struggles with mental health, which may have influenced their decision. Overall, the law is clear and a fair process has to follow when an allegation is made against an employee of any nature."

The law governing the recovery of salary paid to employees is complex and can vary depending on the specific situation of each case. In general, employers are not entitled to recover salary which has already been paid to employees unless there is a valid legal ground for doing so.  

Hannah discusses the other ways the BBC may have gone about recovering Edward’s salary: 

"On one hand, there was an argument for suspending him without pay. This would have aligned with the BBC’s stated commitment to 'zero tolerance' for serious misconduct. It could also have been seen as a way to protect the BBC’s reputation and maintain public trust.

“On the other hand, continuing to pay Huw Edwards could be seen as a way to avoid potential legal challenges. If Edwards had been suspended without pay and later cleared of the allegations, he could have argued that the suspension was unfair or discriminatory. Ultimately, the BBC’s decision was a balancing act between ethical considerations and legal risks."

The most common grounds where salary may be recovered are; the employee has agreed to a deduction being made; or where the employer has a contractual right to make the deduction, such as in a contract of employment. The BBC will not be able to rely on either of these grounds as Mr Edwards was paid salary which he was contractually owed. 

Hannah concludes:

Whilst legally the BBC may struggle to recover the salary paid to Edwards, it may simply come down to Huw Edwards doing the right thing and repaying the money based on his moral obligation.” 

Need help navigating the complex landscape of employment law? At Jackson Lees, we may be able to help, give us a call or send us an enquiry and find out what we can do for you.