BBC News anchor, Huw Edwards, recently pleaded guilty to “making indecent images of children”. Questions are now being asked about why the Welsh news reader continued to receive his full salary despite having been suspended since July 2023.
In this article, we consider the facts of Huw Edwards’ situation and legislation relating to the payment of employees in such circumstances.
What Happened with BBC News Anchor Huw Edwards?
Huw Edwards’ Initial Suspension
Huw Edwards commenced employment with the BBC as a trainee in 1984. He enjoyed a lucrative and successful career with the BBC, becoming their most highly-paid newsreader. In the year 2023-2024, Huw Edwards’ salary stood at £475,000.
In July 2023, the Sun newspaper reported that a well-known, unnamed BBC presenter had paid a young person over £35,000 for images. Huw Edwards’ wife, Vicky Flind, named the Welsh newsreader as the BBC presenter to whom the story related. This was “primarily out of concern for his mental wellbeing and to protect [their] children”. Following an investigation, the Metropolitan Police did not pursue the allegations on that occasion. Nevertheless, the BBC News anchor was suspended three days later.
It transpired that a family member of the young person in question had complained about Huw Edwards of BBC News two months before the Sun article. There was a subsequent investigation about this during a Deloitte audit as well. However, this complaint did not reach senior management and there had been insufficient attempts to contact the family. In February 2024, the BBC issued an apology to the family stating it should have acted more quickly.
BBC News Anchor Arrested in November 2023
Meanwhile, in November 2023, Huw Edwards received a report from the BBC’s internal inquiry which was not made public. The BBC News anchor was arrested around the same time for “serious offences”.
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It has since emerged that, whilst the BBC knew of the allegations against Huw Edwards, BBC News did not know certain details. These included the number of images, the ages of those pictured, and how they were obtained. The BBC News anchor resigned in April 2024 “on medical advice”.
On 29 July 2024, he was charged with making indecent images of children. Two days later, the BBC News anchor pleaded guilty to the charges at Westminster Magistrates’ Court. Huw Edwards admitted to possessing 41 indecent images of children on his phone. Seven of these were category A images (i.e. depicting abuse including penetrative sexual activity), two involving a child of between 7 and 9 years.
The Metropolitan police seem to have confirmed that the images were sent via WhatsApp by convicted paedophile Alex Williams.
Why Did BBC Continue to Pay Huw Edwards’ Salary?
Irrespective of his suspension and subsequent arrest, the BBC continued to pay Huw Edwards’ salary up until he resigned in April which has now raised suspicion. The salary may have included a £40,000 pay rise, although it is unclear exactly when this was made.
Following his appearance at Westminster Magistrates’ Court on 31 July, the BBC released a statement about its BBC News anchor. This stated that the BBC was “appalled”, and that there was “no place for such behaviour.”
Regarding the continued payment of Huw Edwards’ salary, the BBC highlighted the fact that he was only arrested in November 2023. It indicated that had the BBC News anchor been charged at any point during his employment with the BBC, he would have been dismissed at once. It also stated that it had been made aware of serious risks to the Welsh news reader’s health.
UK Legislation on Paying Employees Following Arrest, Prosecution, and Conviction
The BBC was in a notably difficult position regarding Huw Edwards. Balancing its responsibilities to the BBC News anchor as an employer and to the public as a huge journalistic corporation would certainly have been demanding. But what is the position under UK law for most employers facing such a situation?
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A great starting point to answer that is to review employment contracts. Some contracts may contain provisions relating to such circumstances and what should happen as a result. However, most contracts will not include such terms, in which case there will be no contractual indication as to what action should be taken.
Consideration of Facts and Circumstances
It will be important to consider the facts and circumstances before a decision is reached. The nature of the offence and whether it is connected to or may impact the employee’s employment are crucial questions.
Being arrested for an unconnected offence does not give rise to automatic dismissal. If the offence may impact the employee’s employment, it may be appropriate to suspend the employee while investigations are ongoing. If an employee has been remanded in custody pending trial, case law dictates that the employer need not pay them.
ACAS guidance states that “if an employee is charged with, or convicted of, a criminal offence this is not normally in itself a reason for disciplinary action.” Consideration should be given to the employee’s suitability to do their job, in light of the specific charges or conviction.
Disciplinary Action Only When Necessary
It is advisable for the employer to conduct a thorough investigation into the employee’s behaviour. This should include an assessment of the behaviour of the employee in question.
Disciplinary action may be appropriate if, for instance, an accountant has been charged with fraud. It may also be relevant where the employee’s prosecution has led to a breakdown in trust and confidence, harmed the employer’s reputation, or if the employee’s conduct constitutes gross misconduct.
It is also possible that the effects of arrest/prosecution will come under the “some other substantial reason” category for dismissal. However, this will only be the case for serious offences and should be used as a last resort only.