Professional Documents
Culture Documents
Faisal A Qureshi
26 July 2018
Dear Mr Qureshi
Thank you for your request under the Freedom of Information Act 2000 (the Act) dated 3 March,
seeking the following information:
'I om writing to make on open government request (or all the information to which I om entitled under the
freedom o( information act In order to assist you with this request, I om outlin,ng my query as specifically
as possible.
I would like documents and correspondence concerning the investigation an investigation of a Whotsapp
group of which several BBC Asian Network staffers were involved with in 2017. They ore reported to have
mode homophobic, sexist and racist comments about Musfrms, speci(ica(ly Pokistam's.
I om happy (or personal details such as names and other identifiers to be removed from the documents
and Whotsopp tronscnpts but I'd like the content a( the Wh atsopp group to be released as there is a
public interest in knowing the basis (or the internal BBC investigation.'
We are withholding some information under section 40(2) (personal information) of the Aet.
Under section40(2) of the Act, personal information about identifiable living individuals is exempt
if disclosure to a third party would breach one or more principles in the Data Protection Act
1998. The individuals concerned would not expect their personal data to be disclosed to a third
party. To do so would be unfair; therefore, disclosure would breach the First Data Protection
Principle (fair and lawful processing).
In addition, we are also withholding some information as we consider that it is excluded from the
Act because it is held for the purposes of 'journalism, art or literature.' Part VI of Schedule I to
FOIA provides that information held by the BBC and the other public service broadcasters is only
covered by the Act if it is held for 'purposes other than those of journalism, art or literature". The
BBC is not required to supply information held for the purposes. of creating the BBC's output or
information that supportS and is closely associated with these creative activities. This information
is marked as 'OOS' (out of scope) in the attached documentation.
Appeal Biehts
If you are not satisfied that we have complied with the Act in responding to your request, you
have the right to an internal review by a BBC senior manager or legal adviser. Please contact us at
the address above, explaining what you would like us to review and including your reference
number. If you are not satisfied with the internal review, you can appeal to the Information
Commissioner. The contact details are: Information Commissioner's Office, Wycliffe House,
Water Lane, Wilmslow, Cheshire. SK9 5AF, telephone O 1625 545 700. http://wwwico,org.uk
The BBC does not offer an internal review when the information requested is not covered by the
Act. Therefore information held for the purposes of 'journalism, art or literawre'. and marked
'OOS' in the disclosure documentation is not subject to the internal review process. If you
disagree with our decision you can appeal to the Information Commissioner. Contact details are:
Information Commissioner's Office, Wycliffe House, Water Lane. Wilmslow, Cheshire, SK9 SAF
telephone O 1625 545 700. http://www.i.toJ2rg.lt
Yours sincerely
iMessage with
02/07/2017, 21:19
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From:
Sent 21 July 2017 08:28
To:
Cc:
Subject:
-
All the best, see .t 11am.
I
»--o say i -onversations tomorrow that 'we have in our possession transcripts of a
W�ere disc on BBC property'.
» Thank you.
»
»
2
From:
Sent
To:
Cc:
Regards
From
Sen�4:03
To:-
Subject: FW: URGENT and CONFIDENTIAL
•
•;on reassure-ha-,as not broken the confidence ol th.nvolved in this matter-and tha-asn't
-,;;red the details of a�ntlal Internal process.
• •
But let's just be dear about this m , homophobia and sexism flying around the
ne is incide hich is why the chapel meeting was called,
• this momins.
ot even a comment
e knows
ma
It took four days for-to be informed of the incident-seen the screen shots two ol which are
attached, ·us, to rove this. These are incred,bl serious accusatia;;;; an
that due process is being followed becau�been
Can -lease explain why BBC management have failed to say an thin
the s1frongest rumours regarding
-urrently not at work today and tomorrow, but do feel free to cal-egardless ii.ant to,
2
·--
From
Se :16
To:
Cc:
Subject: RE: URGENT and CONFIDENTIAL
Hi-
From:
Sen�1717:25
To:-
Subject: URGENT and CONFIDENTIAL
Hi-
lt's come to.attention via that some members of staff have come to.
very upset about details around the on-going investigation around the Breakfast show.
-
..,aven't shared the details of a confidential internal process?
3
From:
Sent: 17:50
To: 11111111111
Subject Re: Email Address
Thanks
Yes of course, attached is th rst draft but just waiting on HR to confirm they are happy with the
content and then with PDF ;:ill send -the final version on Monday morning so ,. can update
the�hen.
- All letters will be issued by 10am on Monday with all supporting content.
From:
17 17:43
To:
Cc:
Subject: Re: Email Address
-
Can -please forward .e draft email fo�before sending anything. Will need to ensure
that is in the �
Hi-
Letter_inviting_to_disciplinary_meeting_BBC.VI .doc>
I
British Broadcasting CorporaUon
•
24/07/2017
- are required to attend a dlsclpflnary meeting convened under the BBC's Disciplinary
Policy to answer to the following allegations:
-
be a serious breach of discipline and that - employment may be at risk if these
allegations are upheld.
Please confirm receipt of this letter and -ttendance at the meeting to.on-
Yours sincerely
British Broadcasting Corporation
•
24/07/2017
Dear
■
11
The meeting wil be held at 11:15 on Wednesday 26 July at�
Broadcasting House. wi11 be oonducting the meeting and -
-will also attend to take notes.
Find attached a copy of the documents to which- propose to refer at the meeting. If
there are other relevant documents to which ..avou1c1 like to refer, please send a copy
lo 1111n advance of the meemg. If aare not able to send these to -in advance,
pleise bring them wit�o the meettng.
Yours sincerely
From:
Sent:
To:
27 July 2017 11:46 •
Cc:
Subject RE: disciplinary meeting notes: -
Attachments: -Meeting_notes.pdf
Mornl�
From:--
Sen�17:44
To:-
Cc:
Subject: RE: Letter inviting to disciplinary meeting:
Good Evening
l••that
Please ca-sign and return them to confirr11 1n this is an accurate reflection of the conversation today.
from:-
To:
cc:
■
Sent: 25 July 2017 17:37
■
Subject: RE: Letter inviting to disdplinary meeting:
■
Dearllllll
Upon reviewing the screen shots one picture missed off 2ip file.
Please find attached the final screen shot - as part of the relevant documentation for tomorrow's meeting.
1
�=��'.�
•
"'
From:
Sent: 26 July 2017 12:21
Tex
Subject: �-aring
Attachments:
-
"1ave not saved this anywhere at the moment FYI.
I
From:
Sent
..
To:
Subject 1111a10tes for meeting
■
-
with the BBC will be the 28"' of July 2017.
• Any outstanding leave from oootract to date will be paid t-
• - have the right to appeal against.decision. If� to do so please submit written notification of
i
-appeal to "within 14 days of the date of th s letter outlining the grounds !�appeal
will also receive formal letter in the post confirming the outcome.
_,.
• BBC Pass
• BBC Property"may have
• Belong·ngs
• Escorting off the premise
I
-----------------
From:
Sent •
To:
Subject
• Unprofessional conducVdisaimination - in that several comments were made that would be considered
discriminatory on the basis of race or gender.
• That negative comments were aimed at e number of colleagues and that this behav1our falls short of the
standards expected of BBC employees and is in breach of the BBC values, particularly the value of respect.
• That the above led to a serious breach in trust and confidence.
• After carefully considering the allegations outcome of the d,scipl,nary meeting be -summary dismissal
from � at the BBC.
• lllllldlsmissal is with Immediate effect and that -are net entitled to any pay in lieu or notice.
with the BBC will be the 28"" of July 2017.
• �utstandlng leave from-contract to date will be paid to-
• �ve the right to appeal against• decision. If IIIINfsh to do so please subJ:lllLwrltten nolificalion or
your appeal to ...Athin 14 days of tlli'"date of this letter outlining the grounds fOf -appeal<•need to
•■
write to• in order to appeal to the decision).
will also receive formal letter In the post confirming the outoome.
• BBC Pass
• BBC Properly lllllllmay have
• Belongings
• Escorting off the premise
1
Disciplinary hearing. 26"' July 2017.
•
1111 response to the various comments (numbered as pe,.vrite up).
1.
-spoke about how the "Point is to include everyone
4.
■
-xplaine
. was asked wh-.,ould call -tha�xplained "it's just a word - no connection. Could
have been any negative word."
■
• told a story o- eing very drunk at an event and kissing�
■
That when aw .run ooked out fo-nd got. water, as llwas
l
concerned .vas too drunk to be ok.
This was a comment about the surprise .felt seeing "wild" on a night out.
I relaye.eltlll,vas a
-aid IIIIJa at the point of sending the message - and that was perhaps
wh�mentioned.
•
To:
•
Cc
Subject: RE: Letter inviting to disciplinaty meeting
Ye,.,111 be there
1
From:
Sent: 25 Jul
To:
Cc:
Subject: RE: Letter Inviting to discipljnary meeting: •
Good afternoon,
Also please be aware the meeting room location has changed to Plugging room 4.
"��:----·· -
s
To:
Cc:
Subject: Letter Inviting to disciplinary meeting:
are required to attend a disciplinary meeting convened under the BBC's Disciplinary Policy to answer
e following allegations:
The business is In possession of a transcnpt of a WhatsApp group chat, in whi�re a contributor. The
transcript has been obtained from a BBC computer. The transcripts contain contains evidence of:
• Discrimination or bullying - Unprofessional conduct (unpleasant comments about colleagues including
statements that could be consider racial I misogynistic statements)
• The above constitutes a serious breach of trust and confidence
The meeting will be hekl at 10:00 on Wednesda 26th Jul at Plu i room 1, New Broadcasting
v.lill be conducting the meeting an ·n
also attend to take notes.
have the right to be accompanied at the meeting by either an accredited trade union representative or a
BBC colleague (other than a practising lawyer).
Find attached a copy of the docurrwllii, to whichll,ropose to refer at the disciplinary meeting. If there are
other relevant documents to whlctt1111would like to refer, please send a copy to�dvance of the
meeting. If-re not able to send these tolllin advance, please bring them witn1111to the meeting.
In cases where there is an alleged serious breach of discipline which may resuH in dismissal. It is important
�Jl lmderstand that the BBC considers these a!legations to be a serious breach of discipl:ne and that
�mployment may be at risk if these allegations are uphekl .
•attach a copy of the BBC Disciplinary Policy for . reference.
Yours sincerely
2
From:
Sent: •
To:
Cc:
Subject
■
Yes, please accept this email as confirmation of.ttendance tomorrow
...
be coming with
Thank you
Good afternoon,
Also please be aware the meeting room location has changed to Plugging room 4.
Regards
Subject
llllllafraidlam away fro�omputer and only on the phone at the moment... So cannot sign and confirm these
notes with a signature.- .ro::v�ease accept this email as confirmation that. ave read the note and .appy
with them as a fair reflection o...-,ieet1ng
Thank you
Momin
To:
Good evening
Please can confirm via email-hat this Is an accurate reflection of the conversation today.
Regards
1
To:
Cc:
•
Good Morning
For the meeting today, ill now not be in attendance, It will now b
Fro
Se
To:
Cc:
Su . .
Good afternoon,
Also please be aware the meeting room location has changed to Plugging room 4.
Re ards
2
From:
Sent 27 July 2017 11:54 •
To:
Cc:
Subject: Re: Letter inviting to meeting•
Attachments: ........ eeting_notes_temptate_-_flexible_worlcing_BBC.Vl (4}.pdf
Dea
--
To confinn the notes are an accurate reflection of the meeting yesterday. Please find attached the signed
PDF.
Dear
Please can confim1 via email ■ that this is an accurate reflection of the conversation today.
Fro�
Sent: 25 Jul 2017 15:11
To:
I
From:
Sent.
To:
•
Cc:
Subject:
Thanks,
�
Sent from
Good afiemoon,
Also please be aware the meeting room location has changed to Plugging room 4.
Regards
To:
Cc:
Subject: Letter inviting to meeting:
Dea
I
Subject: RE: Letter Inviting to meeting:
Good afternoon,
Also please be aware the meeting room location has changed to Plugging room 4.
Regards
From
Se
To:
Cc:
Subject: Letter inviting to meeting
2
•
To:
Cc:
Subject: � to disciplinary meeting.
Attachments: �eeting_notes_template_-_tlexible_wor1<ing_BBC.Vl (3).pdf
Dea-
lo believe this is an accurate reflection of today sclJave attached the signed version in this email.
Regards,
From.
Se
To:
Cc:
Subject: RE: Letter inviting to disciplinary meeting:
Please ca.ign and return them to confirm.that this is an accurate reflection of the conversation today.
....
Please let me know if.ave any issues ASAP.
Cc:
Subject RE: Lettef' inviting to �nary meeting:
Dear
Upon reviewing the screen shots one picture missed o-ip file.
Please find attached the final screen shot -as part of the relevant documentation for tomorrow's meeting.
Kind regards
l
-
From:
Sent: •
To:
Cc:
Subject: RE: Letter inviting to discipfinaJY meeting
Good afternoon,
Se l t I•
To
Cc
Subject: RE: Letter Inviting to disciplinary meeting
Good afternoon,
Also please be aware the meeting room location has changed to Plugging room 4.
Regards
From:
Sent:
To:
Cc:
Subject Letter Inviting to disciplinary meeting
2
Disciplinary hearing. 26th July 2017. •
• response to the various comments (numbered as per�ite up).
1
• conftrme�vas his n the group.
When talking about organising the night out with the nd his comment about •not
■asked whether this outing was a way to get ...iito go out again together.
-responded saying it would have been a good opportunity to includ-
2.
■
-sked.wha.hought the dynamic in�as, once- was ---
saidpwas aware .ren't •gelling" but wasn't sure why. said llllllever realty spoke t�
about it-felt that was more for th a> do. · -e1t9ad aded differently
since -had come•••• ■� -that �elayed tiiat it didn't make
sn't happy.
happy tha....nd-veren't getting o .•ell avasn making an effort with-
■
-xplained how.distanced -rom bit once Sometimes
messages on --wouldn't see as they were sent early In the morning
■
-sked. to expand on the •making an effort" point.
II
-hen explained that laughing (lol etc) wa response i�rnetimes to end the
conversation. It's a technique tha-sed In et-dump on sometimes
(venting). That sometime�tcll,vould tal and -would listen.•elaye
feltllllwas very opinionated and so .o�sometimes respond such as •ok, ok• b'i!t=not get
,..
invo�"'.
■
-xplained where-discussed football, -etc, if strong opinions came upllllwould often
•give up• on the argment as �s strong-willed .•said �sweated the small stuff" and was
passionate about Asian Network doing well. .would often listen to.entlng, and.'dldn't
give -that"- perhaps that's part of the frustration.
5.• said it was wrong to speak to people like this �felt his comments were not misogynistlc
m�omplimentary.
.said this was a reference t°fl going to lots o-nd dressing Individually.
-aid the laughing was a defence mechanism- tha�new •ha ha• would end the conversation
with.
7.
-aid a lot of the time 'chooses to Ignore the chat. Eitheflltoesn't agree orpioesnt' see It.
.xplained it's used In the community-sometimes as a Joke. It's not somethlngp,ses though
and It stems from a sport rivalry--vs-
-admltted after .sk�w -colleagues would view the conversation that it's not
ok. Tha�woul� not be ahppy with this.
■
funny as a celeb doing it.
8.•emembers seeing this conversation (showers)-elt lcould •get away with" not replying
inri;;'t instance. The shower narrative was one which made it on air.
I
From:
Sent: •
-
To:
Subject:
After carefully considering the allegations and mitigations shared, the outcome of the disciplinary meeting
will be a final written warning.
However explain the seriousness: further that .lieve a formal sanction is necessary since.did
not at any time attempt to stop this behaviour, nor report it to others, and that" consider the behaviour
as being a serious breach of the BBC values.
�p peal
lill also receive formal letter in the post confirming the outcome.
2
from:
Sent:
To:
•
Cc:
Subject:
Dear
.onfinn tha
.111 be at the meeting at 3pm today.
Please ca,9,e available at 1500 today In Ptugglng Room 3, for a meeti11g with ncltollowing the
disciplinary hearing on Wednesday 261.h July.
1
From:
s.,,t:
To:
•
c�
Subject:
Dear
Please canlll>e available at 1500 today In Plugging Room 3, for a meeting with nfm11ow1ng the
disdpliniry hearing on Wednesday 26th July.
1
•
From:
Sent
To:
Cc:
SUbjKt 7
Att;odlments: come letter.pdf
I
Sent:
To: -
1 •
Subject: RE: Meeting today
That's fine.
-- ---·--
Fro m�....----
Sent: 28 Ju 2017 11:30
To.
Cc:
Subject: Meeting today
Dea-
Please carllll>e available at 1330 today in Plugging Room 3, for a meeting wit-nJ following the
disciplinary hearing on Wednesday 26 July.
'"
1
From:
Sent:
To:
•
Cc
Subject:
Thanks
Kind Regards
Please can ■ be available at 1430 today, for a phone call meeting wit-nd�ollowing the
disciplinary hearing on Wednesday 26th July.
From:
Sent: 20
�
To:
Subject � Outcome letter• 28/07/2-017
Dea..
Regards
Dear
■
Please find attached a copy of the outcome letter.
will also receive a hard copy in the post.
I
•
From:
Sent: 28 July 2017 13:22
-
To:
Subjed: Wording
After carefully considering the allegations and - responselhave concluded that that a formal sanction
Is appropriate and that the outcome of the disciplinary meeting will be to bring to an end with
immediate effect as aad under the termination clause of �greement for an act of gross
misconduct. In reaching_,ecislorll:onsidered the mitigation put forward in the meeting but concluded
that any alternative sanctions to disl!lissal would not be appropriate based on the serious nature of the
case.
1
•
From:
Sent: 28J 71 . 4
To:
Cc:
Subject:
ere
ndbng that separately.
�ome may become evident v soon, but arelllable to tell.he outcomes directly at all? Or does
..,.,arning remain confidential?
1
----------------
•
From:
Sent
To:
Subject
I
fr, om:
Sent
To: •
Cc
Subject Disciplinary conversations: Confidential
Hello
For the-ismissals, the relevant 1.0 passes & email access have been terminated and
assisted in ensuring the relevant social logins/access have been changed .
-
•as completed the final drafts of the formal fetters to be sent today.
Thanks
Sent:
To:
t ! • I :49 •
Subject: FW: A few extra points and examples
From
Se!!1;,,2!.��l!ll7 11 :45
To-
Subject: A few extra points and examples
Following-hat last week and given the past few days to think about the whole situation
wanted to drop . an email with some further examples that back up .oints with more
clarity
I
ive in a world with lots of different people in my life and get added to hattsa ,�
•
tly in 18 "active" whausapp group chats !i! -
tc) further adding to the very little atlention give each chat
open
Whatlsa t s a bit likes m emai !s ... it just ap�rs around
nts ve nev
■ with rare occasions when I
s.itua
{.now
lhave al
�seen
n
2
ltiope to continue lo be a part o�or many more years to come
3
From:
Sent:
To:
Cc:
Subject:
Regards
To:
Cc:
E PEOPLE_FORM_Leaver Change For requestor
..
Good afternoon
Would.be able to confirm whether this dismissal is capability or conduct scJan updat�
accordingly
Kind regarcls
1
From:
Sent: 02/0 f2. I 14:3
4 5: 3 •
To:
cc
PEOPLE_FORM_Leaver Change Fo equestor�
Hi-
As per the notes this is a summary dismissal (people forms does not give -he option to select anything other
than resignation) however, please do process as per the notes as a dismissal.
Good mornin�
From:
Sent: 28/07/2017 11 :03:55
To
C:
2
PEOPLE_fORM_Leaver Change For requestor-
•
THIS IS AN AUTOMATIC EMAIL PLEASE DO NOT RESPOND TO IT
From
Requcstor details
Requestor emplo ee I
Requestor name:
Rcquestor email a
Subject
Subject name:
Subject employee JD:
3
From:
Sent:
To:
•
Subject:
Hi-
Sen I ll;'I. I , • I
To:
cc•
-
Subject: RE: �ver Change For
■ have already issued the dismissal letter tcllllllwhich has been sent out to.ast week Friday.
-
Thanks
I
Good afternoon,
If� any further assistance regarding this matter please do not hesitate to contact ■
The reference number for-enquiry is
2
------------------
From:
Sent
To:
• -
Cc
Subject RE: Asian Network
7 September at 4pm
"'
..
12'" September anytime between 2pm and 4pm
13 September at either 1130am or after 3pm
th
From:
Sen I , I
To:
Cc:
I
Subject: Rf: Asian Networ1<
To:
Cc:
Subject: Asian Network
Hi-
1
�as aslted for a meetin recent issues in Asian Network.ink this would be helpful
and would Involve think it would be useful and cou'Yfinclud and
1111-00. Could ome dates in September please. lte very grateful.
Thanks •
2
From.:
Sent:
To:
Cc:
- •
Subject: Duty of Care
■
Dear all,
■
will be aware of the press reports over the weekend.
have a duty of care to those directly involved and -been supporting those members of.team.
I-need to talk about how this may have impacted-lease talk to-line manager or a member of the
management team.
The BBC's position: We never comment on matters concerning any individuals working for the BBC. Any allegations
of inappropriate behaviour would always be taken extremely seriously and would be dealt with swiftly and
appropriately.
Should .receive any press enquiries, or external enquiries of any sort, then please direct them to the BBC Press
Office.
Best wishes,
1
•
From:
Sent:
To:
Subject RE: Note to staff
--
--
F;o�:
Se
To
Subject: RE: Note to staff
I
Best wishes
To:
•
Subject: Fwd: Note to staff
Dear all,
This will have, understandably, been uncomfortable reading for anyone associated with the station.
-have a �f care to those directly involved - amf:an assu�at we've been supporting those
members ol-eam over the weekend.
"We never comment on matters concerning any individuals working for the J3BC. Any allegations of
inappropriate behaviour would always be taken extremely seriously and would be dealt with swiftly and
appropriately."
Should-�eive any press enquiries, or external enquiries of any sort, then please direct them to the BBC
Press Office.
Thank you
2
Sent from my iPhone •
Begin forwarded message:
Fro
To:
SUbject: Note to staff
Morning all,
Just had a chat wit-regarding getting a note out to stair so that they hear something
from management. Tl's based around duty of care rather than anything factual about tbe case.
3
.....______________
•
From:
Sent 08 Au ust 2017 08:40
To:
Cc:
Subject: lexible working
Hi
CASE:-
Please ca- amend and upload for a final review prior to issue.
I
-----------
•
From:
Sent
To:
Subject Case no.lllltlexible wo<king
Hi-
case:-
Please don't 'reply' to this email all correspondence must be via �dvlce Viewer
J,vas wondering if -re in a position to upload the amended outcome letter on this case please?
fy the HR Service Centre of the agreement using People Forms or email them at
�
Please be aware tha&m out of the business between 14/08/17 to 28/08/17 Inclusive so would appredate the letter
today if at all possibll:
If-have any urgent queries during the above period - please call the advicellne and a<,ueagues will be able to
assist-
•
BBC Disciplinary Policy
Note: the Welsh translation of this PolJcy can be found below
This policy applies lo all employees at !he BBC. It forms part of the contract of
employment that applies to BBC employees in the UK on Grades 2-11, and Is an agreed
statement between the BBC and recognised joint unions which may only be varied by
Joint negotiation at the National Joint Council.
Definition
The standards of behaviour expected of employees are those necess.uy for the proper
operation of the workplace, and to maintain mutual trust and confidence between the
employer and employee. The BBC Values provide a framewoik for the standards of
behaviour expected of employees.
Where standards of behaviour fall below what is expected, this could constitute
misconduct The BBC takes all allegations of misconduct seriously and where necessary
the disciplinary policy will be followed.
Matters which may be viewed as am0lSlling to disciplina,y offences include, but are not
imited to:-
The Formal Procedure wil always be followed for anegations of gross misconduct which
are acts so serious as to Justify summary dismissal without notice. Examples of gross
misconduct may include, but are not limited to:
• assault;
• theft or dishonesty;
• serious negligence;
• endangering life.;
• gross dereliction of duty;
• discrimination or serious bullying and/or harassment;
• serious breach of confidence.
Where an employee fails to reach or maintain the required standards of job perbntance
through a lack of knov.4edge, skil or ability, the BBC Capability Policy should be used.
The BBC reserves the right to implement the disciplinary procedure at any of the stages
set out below taking into account the relevant circumstances including the alleged
misconduct of an employee.
Managers shoold always discuss conduct issues with their employees at the ear1iest
opportLl'lity and where appropriate sho(jd first attempt to deal with any minor misconduct
lnformafty before resorting to the formal procedure. II employees convnlt a minor
infringement of the established standards of conduct. their manager wil usually advise
that a fur1her breach may result in the Formal Procedure beng instigated. No record will
be made on the employee file but a brief confidential note may be kept for reference
purposes.
Formal Procedure
The formal procedure wiU be used when a manager believes that an employee may have
committed a breach of conduct either
• a further minor breach of conduct that has already been subject to informal
action;
• a matter too serious to be dealt with by informal action· or
• ln al cases of affeged gross misconduct
Where there is uncertainty about whether a breach of discipline has occurred a manager
may conduct a fact finding investigation. Where there is no need for such investigation, a
meeting will be convened under Step 2 of this procedure.
Where a fact finding investigation is needed, an employee's manager wiU promptly and
thoroughly investigate any matter that is reasonably suspected or believed to contravene
any of the BBC's policies or rules or which may otherwise be a disciplinafy matter. The
employee wil usually be informed that a fact finding investigation is being carried out and
when it has been concluded
Meetings to investigate an issue are not formal meetings at which the employee has the
right lo be accompanied, however provided ii does not cause undue delay, the employee
may request that an a=ediled trade union representative or BBC colleague (other than
a practising lawyer) be present at the meeting.
Where there are reasonable grounds to believe that an employee may have committed
an act of misconduct the meeting manager will write to the employee notifying them of
the aHegation/s against them and the basis of those altegationls and invite them to a
meeting to disaJss the matter. In cases where the outcome may be dismissal the letter
must warn the employee of this.
In ad\/ance of the meeting the employee w,11 be given copies of documents rele11ant to
the aUegation/s except where such disclosure is inappropriate, for example, in cases
where managers believe there could be a risk of intimidation.
There is no minimum period of notice for the meeting, but the employee will be permitted
sufficient time to contact and brtef an accredited representadve or BBC colleague.
An employee has the right to state their case at the meeting before arry decisions are
reached.
Following the meeting, the hearing manager will review the evidence and decide on the
outcome.
If the allegationls are upheld the penalties that may be imposed, include, but are not
Dmited to:
• written warning
• final written warning
• dismissal (with contractual notice)
• redeployment to another position, including demotion
• summary dismissal (without contractual notice).
A written or frnal wntten warning win be disregarded for disciplinary purposes after 12
months or such other period as specified at the tine It is issued. In exceptional
circumstances a warning may remain In force for more than 12 months or never be
removed.
Followmg
t
the meeting the hearing manager must Inform the employee of their decision in
wriing, outlining the basis of the dedslon reached and any action that Is involved.
The employee has the right to appeal against the outcome of the disciplinary process. AU
appeals will be conducted in accordance with the BBC Appeals Policy.
Diffiniad
Os nad yv(r safonau ymddygiad yn cyrraedd y lefel a ddlsgwytir, galai hyn gyfateb I
gamymddwyn. Mae'r BBC yn edrych o ddifrif ar bob honiad o gamymddwyn, a bydd y
polisi disgyblu'n cael ei ddilyn pan fo angen.
0yma rai materion y gellir eu hystyried yn droseddau dlsgyblu, ond nid yr unlg faterion o
reidrwydd:-
Dilynir y Weithdrefn Ffurfiol bob amser i ddelio a honladau o gamymddwyn difrifol sy'n
weithredoedd mor ddifrifol nes cyfiawnhau diswyddo'n syth heb rybudd. Gall enghreifftiau
o gamymddwyn dlfrifol gynnwys y canlynol, a mwy:
• ymosodlad;
• dwyn neu anonestrwydd;
• esgeulustod difrifol;
• peryglu bywyd;
• esgeuluso dyletswydd yn ddybryd;
• camwahaniaethu neu fw1io a/ neu aflonyddu dlfrifol;
• tor-cyfrinachedd difrifol.
Ue bydd cyflogai yn methu cyrraedd neu gymal y safonau golynnol ar gyfer cyflawni rol
oherwydd diffyg gwybodaeth, medr neu allu, dylid defnyddio Polisi Gaf/uogrwyddvBBC.
Mae'r BBC yn cadw'r hawt i roi'r drefn ddisgyblu ar walth ar unrhyw un o'r camau a nodir
isod, gan ystyried yr amgylchiadau perthnasol gan gynnwys camymddwyn honedig gan
gyflogai.
Camau Anffurfio l
Oylai rheolwyr bob amser drafod materion yn ymwneud ag ymddyglad gyda'u cyflogeion
ar y cyfle cyntaf posibl, a phan lo hynny'n briodol dylent gcisio delio ag unrhyw fan
achosion o gamymddwyn yn anffurfiot i ddechrau cyn troi at y drefn ffurfiol. Os yw
Y Welthdrefn Ffurflol
Oefnyddir y weithdrefn ffurflOI pan fydd rheolwf yn credu efallal fod cyflogai wedi
camymddwyn: naln ai
• man gamymddwyn pellach sydd eisoes wedi bod yn destun camau anffurfiol;
• mater sy'n rhy ddifnfol i ddelio ag et drwy gamau anffurfiol; neu
• ymhob achos o gamymddwyn dlfrifol honedig.
Nici yw cyfarfodydd i ymchwilio i taler yn gyfarfodydd ffurfiol le mae gan y cyflogal hawt i
gael cwmni. Ond, os nad yvln achosl gormod o oedi, gal y cyflogai ofyn am i
gynrychiolydd undeb llafur achrededig neu gydweithiwr yn y BBC (ond nid un sy'n
gyfreithiwr wrth ei waith) fod yn bresennol yn y cyfarfod.
Cam 2: Y Cyfarfod
Lie bo sail resymol dros gredu efallai fod cyflogal wedi camymddwyn, bydd rheolwr y
cyfarfod yn ysgrifennu at y cyflogai i'w hysbysu am yr honlad(au) yn ei (h)erbyn a sail yr
hooiadau hynny ac yn gwahodd y cyflogai i gyfarfod I drafod y mater Mewn achoslon a
anal arwain at ddlswyddo rhald i'r llythyr rybuddio'r cyflogai am hyn.
Cyn y cyfarfod rhoddir copTau i'r cyflogai o ddogfennau perthnasol i'r honiad(au), heblaw
lie byddai'n amhriodol eu datgelu. er enghraifft. rMWn achosion Ile cred y rheolwyr y
gallai fod perygl o bobl yn cael eu bygwth.
Does dim isafswm cyfnod o rybudd ar gyfer y cyfarfod, ond caniateir digon o amser rr
cyflogal gysytltu a briffio cynrychiolydd achrededlg neu gydweithlwr yn y BBC.
Bydd rheolwr y gwrandawiad nail ai'n cymryd nodladau cryno yn y cyfarfod neu, os yv/n
briodol. yn trefnu I rywun fod yn bresennol I gymryd nodiadau ayno cir cyfarfod . Bydd
copi cir nodiadau ayno yn cael ei anion at y cyflogai a'i gynrychiolydd (os yv/n briodol) i
gael sylwadau. Gyhyd ag y derbynnir sytwadau mewn amser rhesymol, fel y diffinnir gan
reolwr y gwrandawlad, byddant yn cael au cadW gyda nodiadau gwreiddiol y cyfarfod.
Mae gan gyfloga, hawt I ddatgan et aches yn y cyfarfod cyn y gwneir unrhyw
benderfynlad.
Os derbynnlr yr honiad(au), dyma ral o'r cosbau y gellir eu rhoi, ond nid yr unig rai:
• rhybudd ysgrifenedlg
• rhybudd ysgrifenedig terfynol
• diswyddo (gyda rhybudd contractiol)
• symud I swydd arall, gan gymiwys swydd Is
• diswyddo'n syth (heb rybudd contractiol).
Cyn rhoi cosb ddlsgyblu i gynrychlolydd achrededig undeb llafur sydd yn cael ei
gydnabod gan y BBC, trafodir yr achos disgyblu gyda swyddog amser la\-Kt o'r undeb
dan sylw.
Mae gan y cyflogai hawl i apelio yn elbyn canlyniad y broses ddisgyblu. Cynhetir pob
apel yn unot A Pholisi Apgliadau'r BBC .