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Faisal A Qureshi

26 July 2018

Dear Mr Qureshi

Freedom of Information Request - RFl20180416

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.'

Please find attached the documents relevant to your request.

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

Information Policy & Compliance


Details

iMessage with
02/07/2017, 21:19

Bit of a problPn1 for tomr,rrcNi

Whats up?
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From:
Sent 21 July 2017 08:28
To:
Cc:
Subject:

but remember.eed to hearlllllllside of the story

So 'can you expl.ain ?' And then open ended questions.

-
All the best, see .t 11am.

> On 20 Jul 2017, at 19:03,


>
> Thanks.
>
>
>
>
>
>
>
>
>
» On 20 Jul 2017, at 18:26,
>>
» Than-understood.
>>
>...
>>
» ---Original Message•-···
» From:
» Sent: 20 Ju
»To:
» Cc:
» Subject: Confidential
»
>
>

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:

Subject: FW: URGENT and CONFIDENTIAL


Attachments: Image Ljpg; Image 2Jpg

meetin . lity was not breached during the


process. Jid attempt to cal ut unfortunatel-.Vere not able to speak.

Regards

From
Sen�4:03
To:-
Subject: FW: URGENT and CONFIDENTIAL

A�an seellllt,as asked�to reply o- ehalf.

•;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-

lam cc'ing-into this - andR!lw ill get back to -

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.

-this followed a meeting -n Birmingham.

As.know, - and as part of the disciplinary policy, all those involved in a


disciplinary procedure will respect the confidentiality and privacy of others.

Can-reassure-hat-have not broken the confidence of the.involved in this matter- or that

-
..,aven't shared the details of a confidential internal process?

Please gel back to-rgently on this.

3
From:
Sent: 17:50
To: 11111111111
Subject Re: Email Address

Thanks

Sent from my iPhone

On 22 Jul 2017, at 17:46 wrote:

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 �

Sent from my IPhone

On 22 Jul 2017, at 17:39,

Hi-

Please ca-send-the contact email address for

Letter_inviting_to_disciplinary_meeting_BBC.VI .doc>

I
British Broadcasting CorporaUon


24/07/2017

BBC Broadcasting House

- are required to attend a dlsclpflnary meeting convened under the BBC's Disciplinary
Policy to answer to the following allegations:

The business is in possession of a transcript of a WhatsApp group chat, in which.a


a contributor. The transcript has been obtained from a BBC computer. The transcnpts
contain contains evidence of:
• Discrimination or bulying - Unprofessional conduct (unpleasant comments about
colleagues induding statements that could be consider racial / misogynistic
statements)
• The above const�utes a serious breach of trust and confidence

The meeting will be h ld at 13:00 on Wednesday 26., July a�


Broadcasting House. ! will be conduct �e meeting and----­
�11 also att d to take notes. ..,ave the right to be accompanied at the
meeting by either an accredited trade union representative or a BBC colleague (other
than a practising lawyer).

F'ind attached a copy of the documents to whicha,-o e to refer a1 the disciplinary


meeting. If there are other relevant documents to which l would like to refer, please
send a copy tcain advance of the meeting. If llllltre no able to send these to -n
advance, please bring them with .to the meeting. r
In cases where there Is an alleged serious breach of discipline which may result in
dismissal. It is important that. understand that the BBC considers these allegations to

-
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-

llattach a copy of the BBC Discip(Nlary Policy to,tlllteterence.

Yours sincerely
British Broadcasting Corporation


24/07/2017

Dear

-are required to attend a meeting to answer to the following allegations:

The business is in possession of a transcript of a WhatsApp group chat, in which-are


a contributor. The transcript has been obtained from a BBC computer. The transcripts
contain contains evidence ot
• 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


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.

Please confirm receipt of this letter and-attendance at the meeting to •on.

Yours sincerely
From:
Sent:
To:
27 July 2017 11:46 •
Cc:
Subject RE: disciplinary meeting notes: -
Attachments: -Meeting_notes.pdf

Mornl�

Here Is the attached the PDF version.

Please can-ign and return once-feel It's an accurate reflection.

From:--
Sen�17:44
To:-
Cc:
Subject: RE: Letter inviting to disciplinary meeting:

Good Evening

Please find attached a copy of the notes.

l••that
Please ca-sign and return them to confirr11 1n this is an accurate reflection of the conversation today.

Please let.now if'9'ave any issues ASAP.

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

• Thank.for attending this hearing meeting with-and Wednesday 26'" July.


• The purpose of today's meeting Is to provide inform-of the decision following the allegation of gross
misconduct:

• Unprofessional oooduct/disaimlnatloo - in that several coovnents - made that would be considered


disaiminatory on the basis of race or gender.
• That negative comments weie aimed al a number of colleagues and that this behaviour falls short of the
standards expected of BBC employees and is in breach of the BBC values, particularly the value of respect
• This has led lo a serious breach In trust and confidence.
• After carefully considering the allegations and mitigations shared, the outcome of the disciplinary meeting will
be a summary dismissal from .le at the BBC.
• -dismissal is with immediate effect and that. are not entitled to any pay in lieu or notice.­


-
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

• Than-for attending this hearing meeting with�nd Wednesday 26th July.


• The purpose of today's meeting Is to provide lnform_,f the decision following regarding the allegation of
gross misconduct.

At the meeting the following affegalioos were made:

• 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

exp a ne erspec ve on that -!ways talking to


bou it.
n-onnect on that point.
xplained bout this.
-xplained felt there is "some truth and sense in my comments".

4.


-xplaine

"Bless. always talking about

-explained the commen is about another individual

. was asked wh-.,ould call -tha�xplained "it's just a word - no connection. Could
have been any negative word."

- nderlined it's not referring tcllll-here.


• told a story o- eing very drunk at an event and kissing�

ai -had been mates up to this point, butllidn't know-as into partying.


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.

7-utlined these comments came near whe

Tha.ad "warneclllll to "behave• in the studio now

-ske· h- elt the need to do that.


responded to say "you know�he

-aid whe�xpressed tha-foun omment misogynistic, that-ook


the issue to poke tea.about the incident, and �xplaine�idn't mean
offence.
-says that later in the office .said-as not "really offended".

-went on to describe the jokes ad got very crude of recenf between­


and-inferring that •is now part of the anter as much as the others.

I says -be shocked what came out ofllmouth as -

-described the dynamic as one where--knows


going to have a chance there• and that "even-knows this".
■ -but.never

-says these were innocent comments and tha.wasn't encouraging anything.

I relaye.eltlll,vas a

- acknowledged the comments by...,ere not appropriate.

8111111elayed that the shower comment was because tha- did


k�id not shower before the shower�hift.

9.•elayed this was about Cricket a�as happening at the time.

■ admitted it was not an appropriate use of language.II was being ironic.

•poke about a and that the comments


were no reflection on howl actually felt about that community.

11 said this conversation about showering had come out of

�as "ripping it out of everyone• around-abits in the shower induding

Tha.as defending in the conversation.

-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,

Please can- ormally confirm- ttendance to the meeting.

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

Apologies for not formally replyir,g


Yes, please accept this email as confirmation of.ttendance tomorrow

...
be coming with

Thank you

Sent from my iPhone

On 25 Jul 2017, at 15:10 wrote:

Good afternoon,

Please ca-ormally confirntlllltttendance to the meeting.

Also please be aware the meeting room location has changed to Plugging room 4.

Regards

The meeting will be held at 11:15 on Wednesday 26th July at Plu


Broadcasting Hous�II be conducting the meeting and
will also attend to take notes.
1
From:
Sent:
To:

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

Sent from my iPhone

On 27 Jul 2017, at 11:47 rote:

Momin

Here is the attached the PDF version of the notes.

sign and return once.feel it's an accurate reflection.

To:

Subject: RE: Letter Inviting to meeting

Good evening

Please find attached a copy of the notes.

Please can confirm via email-hat this Is an accurate reflection of the conversation today.

Please let .now ,.ave any Issues ASAP.

Regards

1
To:
Cc:

Good Morning­

For the meeting today, ill now not be in attendance, It will now b

Therefore the meeting will be held b

Fro
Se
To:
Cc:
Su . .

Good afternoon,

Please can II formally confir,'9ttendance to the meeting.

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.

On Thu, Jul 27, 2017 at 10:30 AM wrote:

Dear

Please find attached a copy of the notes.

Please can confim1 via email ■ that this is an accurate reflection of the conversation today.

Please le9now ifJllhave any issues.

Fro�
Sent: 25 Jul 2017 15:11
To:
I
From:
Sent.
To:

Cc:
Subject:

To confim.ill be attending the meeting tomorrow.

Thanks,


Sent from

On 25 Jul 2017 15:10, wrote:

Good afiemoon,

Please can ormally confir ttendance to the meeting.

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,

Please ca -onnally confinn -uendance to the meeting.

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-

Thank " for the notes.

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 find attached a copy of the notes.

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

Thank you for confirmin� attendance.

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,

lconfirm ttiallle attending the meeting tomorrow at 1pm in Plugging Room 4.

Se l t I•
To
Cc
Subject: RE: Letter Inviting to disciplinary meeting

Good afternoon,

Please can.ormally confirm your attendance to the meeting.

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

■snapping anything". aw how It c-


0 uld be seen as exclusive.
explained this conversation and night out was off the back of a cricket outing the group
'i:°d had previously as friends.
Look.Ing back,�elt it was not right to leave anyone out.

■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.

-said liiold my hands up•.


-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.

said lfiidn't know what was In. head - that u


· stdidn't

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�"'.

.sked is this the dynamic outside the WA group?


-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.

� sked would phave escalated this at any point?

�aid "liked to comply with BBC values.


-was too much, but then

5.• said it was wrong to speak to people like this �felt his comments were not misogynistlc­
m�omplimentary.

■ asked. about the •washing" comment.

.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.

• talked about •getting away with not replying-.

' aske- to talk more about that .

• talked aout the others i�and sometimes .elt ■ had to say


�ething. but aioesn'rwant to seem "weird• to .
-desaibed .wn insecurity here with fitting int

-sked about thelllllllland-take on 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.

7-explained-meants God Is One.

axplained.mments were about a and how ...inglng songs would be as


funny as a celeb doing it.

felt ••deaded• the conversation when.sed the �nd comment.


�et disappointed ■ had not take.idea on at that point. Thatl had treid to diffuse the
situation with--comment.

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.

■ savsl respects everyone and never meant to offend,.


From:
Sent
To:
• n t • ; •
Subject:
Attachments: Document2.docx

I
From:
Sent: •

-
To:
Subject:

• Thank.or attending this hearing meeting with n�ednesday26�


July.
• The purpose of today's meeting is to provide inf r the decision following the anegation of
gross misconduct:

• Unprofessional oonduct/discrimination - in that several comments were made that would be


considered discriminatory on the basis of race or gender.
• That negative comments were aimed at a number of colleagues and that this behaviour falls short
of the standards expected of BBC employees and is in breach of the BBC values, particularly the
value of respect.
• This has led to a serious breach in trust and confidence.

After carefully considering the allegations and mitigations shared, the outcome of the disciplinary meeting
will be a final written warning.

The reasons behind this decision are as follows:

o Thalltook responsibility fo-ctions and demonstrated remorse.


o ThatJliid not make any or the offensive comments
o That. explained that.was trying to distance

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.

Background to a written warning:

o The warning wdl remain on file for twelve months.


o Should there be further acts of misconduct then this warning may be taken into account, if the new
incident is similar, and the result may then be dismissal.
I
-ill confirm this all the writing in writing
• - have the right to appeal against ■ decision. If .wish to do so please submit written
notification of your appeal to .thin 14 days of the date of this letter outlining the grounds for

�p peal

lill also receive formal letter in the post confirming the outcome.

• Considerations for next week

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

9',nflrm tha.iff be at the meeting at 3pm today.

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

Please find attached a copy of the outcome letter.


-wlll also receive a hard copy l.n the post.

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:

Yes that is fine for 2.30 today.

Thanks

Kind Regards

On 28 Jul 2017 11:32 wrote:

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..

Just confirmig that.seen the letter.

Regards

Sent: 28 July 2017 17:59


To:

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

Here Is the 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:

Had a good catch up wtthllll

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

This is to confirm the 3 conversations wit,...and-ave now taken place.

• has left the BBC building.

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

Asl1entioned, there were numerous occasions whet


communications from
and wrot

To further that point, n"phone


(31/7/2017) with over 7000 unopened emails

.ave asked-n the past (whicl an verify) to message .directly with


anything of any impo1tance/ poignancy as on't check the group Jr,;"ssages

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

Anyone who kno,�will tell you Iha


to ether... for the la�t 7 ca

�ently arranged an to allow ....o bond.


Please let inion o�as a colleague an<a•••in the time
u ·u tell-how ditTcrentlam from the
hat h� language on whallsapp. In.retrospect came
too comfortable witl1�nd should have maintained a moreprofessional
distance, particularly in social whattsapp chats

2
ltiope to continue lo be a part o�or many more years to come

lbanks for�e in reading all this

7000+ UNOPENED EMAILS

3
From:
Sent:
To:
Cc:
Subject:

It was for conduct

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.

is copied by way of confirmation.

PEOPLE_FORM_Leaver Change For requesto

Good mornin�

Thanks folllllemail,.have received ... -equest to process as a leaver.are


happy to process the requestJiust need some clarity around this have stated the leaver reason as
"resignation" but then have provided ti instruction around the colleague's dismissal. Please could -
-
confirm the reason for dismissal or are appy for-o put the leaver reason in. resignation?

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-

T�for letting ■ know,lwi now resolve this case.

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.

Attached is the copy for file/reference - no further letters are require.

-
Thanks

I
Good afternoon,

ve been requested to send correspondence regarding to


' as a leaver on the system with the relevant leaver reason as advised b
e written the standard dismissal I the colleague which ave a
document is password protected with- ate of birth in the format.

If� any further assistance regarding this matter please do not hesitate to contact ■
The reference number for-enquiry is

e any further questions, please call llo


if-.ire calling from outside the U� or email
number above.

2
------------------
From:
Sent
To:
• -
Cc
Subject RE: Asian Network

How about these dates and times for•rxa

7 September at 4pm
"'

s"' September at 12.30pm

..
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<

rm copyine i,s currently on leave).

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,

Sent from my iPhone

1

From:
Sent:
To:
Subject RE: Note to staff

Couple of adds from -nd cc'ing in

--
--
F;o�:
Se
To
Subject: RE: Note to staff

.tweaked it a little, but happy.

I
Best wishes

To:

Subject: Fwd: Note to staff

Hi-ok with this?

Subject: Duty of care

Dear all,

will be aware of the press reports over the weekend.

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.

The BBC's position is clear:

"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.

rac ed to talk anyone about how this may have Impacted


the management team.
■please talk to or a member of

Thank you

2
Sent from my iPhone •
Begin forwarded message:

But will leave� t�

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.

to hear something from management - and reassurance that -


--

Please let me know if ok.

3
.....______________

From:
Sent 08 Au ust 2017 08:40
To:
Cc:
Subject: lexible working

Hi

CASE:-

Subject: Flexible Working: Outcome Letter

Many thanks for uploading the outcome letter toa,ise.

-ave reviewed and some amendments are required - see attached.

Please ca- amend and upload for a final review prior to issue.

I
-----------

From:
Sent
To:
Subject Case no.lllltlexible wo<king

Hi-­

case:-

Subject: Flexible Working: Outcome Letter

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:-

• persistent bad timekeeping;


• unauthorised absence;
• poor attendance;
• failure to observe BBC policies and procedures;
• abusive behaviour (lllClucling bullying and harassment);
• unreasonable refusal to follow an instruction issued by a man"'9er.

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.

88C�Pdicy PIQo 1 ors


Lasl IJpdOled 12 10.15

Principles

• Where appropriate, employees and managers should make every effol't to


resolve issues without recourse to the formal disciplinary procedure.
• Matters should be dealt with prompUy, taking into account the need for
eppropriate investigations to be carried out
• Employees should be Informed of the allegationls against them and given the
opportunity to state their case before any decision is reached.
• There is no presumption that a disciplinaly proceo.ire 'Mil result In a
disciplinary penalty.
• Disciplinary action should not be taken until the Formal Procedure has been
followed.
• The outcome of the disciplinary is based on the hearing manager's reasonable
beliefs with regard to the evidence, not What has been proved beyond
reasonable doubt.
• All cases should be dealt with in a l'IOIHliscriminatory and consistent way
• All those imoolved in a disciplinaiy procedure will respect the confidentiality
and privacy of others. Whilst efforts will be made to protect the oonfidentlallty
of others, if further procedures are invoked, for example an appeal procedure,
statements may be dis-closable and parties will be advised of such disclosure
Where appropriate, information may be withheld In certain circumstances, for
example lo protect witnesses.
• At any formal meeung employees have the right to be accompanied by an
accredited trade union representative or a BBC ooleague (other than a
practising lawyer), and the employee wll be advised of that right prior to the
meeting. The 001111)8nion should be allowed to address the meeting in order to
present the employee's case,
• Employees must take all reasonable steps to attend formal discipl'nary
meetings. Failure to attend a meeting without good reason may be treated as
misconduct.
• Al the start or during the course of an investigation, If the manager reasonably
believes the matter imlolves a serious breach ol discipline the employee may
be immediately suspended from Y«llk on full pay. Any decision to suspend will
be confirmed in wnting and such written confirmation wiD state that the nature
of the suspension is precautionary, not disciplinary, pending the outcome of
the disciplinary proceedings. In some circumstances, as an allemative to
suspension, ii may be appropriate to lemporanly adjust the employee's duties
pending the outcome of disciplinary procedures.
• Man"98r Adi/ice will be available to provide adllice and guidance to the
manager..
• The application of this porecy wt'I be in accordance with the Data ProtectJOn Act
and the BBC's Data Protection Handbook. lnfoonation on cfJSciplinary action
WIii be deleted or destroyed if it is no tonger needed e.g. v.flere an allegation is
unfounded.
• Disciplinary hearings arising from a bullying & harassment complaints will be
heard by a hearing manager appointed from a different dMsion to the
employees.

aer 01t •• •t Paley


rnrnt!l •
Informal Action

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

Step 1: Fact Finding Investigation

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.

Step 2: 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.

BBC Dudplo.af P<>licy Page 3ol8


Lisi Updated 12. 10 15
The hearing man<1ger wil either take summary notes at the meeting or If applicable,
arrange for a note laker to be present take summary notes of the meeting. A copy of the
summary notes will be sent to the employee and their representatiVe (if appropriate) for
comment Provided comments are received within a reasonable timeframe, as defined
by the hearing manager, they will be held with the original notes from the meeting.

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.

Before a disciplinary penalty is imposed on an accredited representative of a trade union


recognised by the BBC, the disciplinary proceedings win be discussed with a full time
officer of the union concerned.

Step 3: The right to Appeal

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.

BBC Dis._,. naiy Policy Pege ◄ of 8


Last Upcllled 12.10.15

Polisi Disgyblu'r BBC
Mae'r polisl hwn yn berthnasol i hell gyflogelon y BBC. Mae'n rhan o'r contract cyflogaeth
sy'n berthnasol I gyflogeion y BBC yn y DU ar Raddfeydd 2-11. 0atganiad y cytunwyd
amo rhwng y BBC ac undebau ar y cyd cydnabyddedig yw hwn ac ni ellir ond ei amrywio
drwy drafodaethau ar y cyd yn y Cydgyngor Cenedlaethol.

Diffiniad

Mae'r safonau ymddygiad a ddlsgwylir gan gyflogeion yn safonau sy'n angenrheidiol I


sicrhau bod y gweithle'n gwelthredu'n briodol ac I sicrhau bod y cyflogwr a'r cyflogai yn
parchu el gilydd ac yn ymddiried yn el gllydd. Mae GwerthoeddvBBC yn rhoi fframwaith
ar gyfer y safonau ymddygiad a ddisgwyfir gan gyflogeion.

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:-

• diffyg prydlondeb parhaus;


• absenoldeb heb ei awdurdodi;
• presenoldeb gwael;
• diffyg cadw at bolisTau a gweithdrefnau'r BBC;
• ymddyglad difr'fol (gen gynnwys bwlio ac aflonyddu);
• gwrthod dilyn cyfarwyddyd gan reolwr heb reswm digonol.

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.

BBC Oisdplinory Pc,j,cy Page 5of s


LaJI Updated 12.10.15
Egwyddorion

• Lie y bo'n bnodol, dytai cyftogeion a rheolwyr wneud pob ymdrech I ddatrys
materion heb droi at y welthdrefn gwyno ffurfiol.
• Oylfd deJio {I materion yn ddlymdroi, gan roi ystyriaeth l'r angen i gyffawni
ymchwiliadau prlodol.
• Dylid hysbysu cyftogeion am yr honiad(au) yn eu herbyn a rhol cylle iddynt
ddatgan eu hachos cyn dod I unrhyw benderfyniad.
• Does dim rhagdybiaeth y bydd gweithdrefn ddisgyblu'n arwain at gosb
ddisgyblu.
• Ni ddylid cymryd camau disgyblu nes bydd y Weithdrefn Ffurfiol wedi'i cilyn.
• Bydd canlynied yr achos disgyblu'n seiliedig ar gred reaymol y rheolwr sy'n
gwrando'r achos ar 01 yslyried y dystiolaeth, nid ar yr hyn a brof\vyd y tu hwnl i
amheuaelh resymot
• Oylld delio {I phob achos mewn modd cyson nad yw'n gwahaniaethu.
• Bydd pawb sy'n gysytltiedig A gweithdrefn gwyno yn parchu cyfrinachedd a
phreifatrwydd erailf. Er y gwneir ymdrechion I warchod cyfllnachedd eraill, os
cychwynnir gwaithdrefnau eraill, er enghrailft gwellhdrefn ap61, gall
datganiadau gael eu datgelu a chaiff y parffon wybod am y datgelu hwnnw. Lie
bo'n briodol, geflir dal gNYbodaeth yn OI mewn rhai amgylchladau, er enghraifft
I warchod tystion.
• Mewn unrhyw gyfarfod ffurfiol mae gan gyflogeion yr hawt i gael cwmni
cynrychioiydd undeb llafur achrededig neu gydweithiwr yn y BBC (ond nld un
sy'n gyfreithiwr wrlh ei waith), a dywedir wrlh y cyHogai am yr ha\'111 hwnnw cyn
y cyfatfod. Oytid caniatau fr cyfail annerch y cyfarfod er mwyn cyflwyno achos
y cyflogai.
• Rhald I gyflogeion gymryd pob cam rhesymol i fod yn bresennol mewn
cyfarfodydd disgyblu. Os bydd cyflogai'n absennol o gyfarfod heb reswm da
gettir trln hynny lel camymddwyn.
• Ar ddechrau neu yn ystod ymchwiliad, os cred y rheolwr yn rhesymol fod y
mater yn cynnwys tor-<lisgyblaeth difrifol genir atal y cyflogal o'r gwaith yn sylh
ar gyflog llawn. Caiff unrhyw benderfyniad I atal o'r gwaith ei gadarnhau
mewn ysgrifen a bydd y cadarnhad ysgrifenedig hwnnw'n datgan mai natur
rhagofal, nid disgyblu, sydd rr atal, nes celr cantymad yr aches disgyblu.
Mawn rtiai amgylchiadau, yn ne atal o'r gwaith, efallai y bydd yn briodol
addasu dyletswyddau'r cyftoga, dros dro nes ceir canlyniad yr achos disgyblu.
• Bydd Cyngor i Reolwyr ar gaet I roi cyngor ac arweiniad l'r rheolwr.
• Gweithredir y polisi hwn yn unoi A'r Ddeddf Dioge/u Data a Llaw/vfr Dloqelu
Dala'r BBC. Calif gwybodaeth am gamau disgyblu ei dileu neu ei dlnlslrfo os
na fydd ei hangen mwyach, e.e. ne bo honiad yn ddi-sait.
• Gwrandewir gwrandawiadau disgyblu sy'n deillio o gwynion am fwlio ac
aflonyddu gan reolwr gwrandawiad a benodir o adran wahanol i'r cyflogeion.

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

BBC Oi>dpl1na,y Policy Poge 6 of 8


l8$1 Updalod 12.10.15
1])11)[!)
cyflogelon yn cyftawni mAn drosedd yn erbyn y safonau ymddygiad cydnabyddedig, bydd
eu rheolwr fel arfer yn dweud wrthynt y gallai digwyddiad arall tebyg arwain at welthredu'r
Weithdrefn Ffurflol. Ni roddir cofnod ar ffeil y cyflogai ond mae'n bosibl y bydd nodyn
cyfrinachol ayno'n cael el gadw ar gyfer cyfeirio ato.

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.

Cam 1: Ymchwillad i ganfod y ffeithlau

Lie bo ansicrwydd ynghylch a fu tor•disgyblaeth, gall rheolwr gynnal ymchwiliad I ganfod


y ffeithlau. lie nad oes angen ymchwlliad o'r lath, cynhelir cyfarfod dan Gem 2 y
wei!hdrefn hon.

Lie bo angen ymchwiliad I ganfod y ffeithiau, bydd rheolwr y cyflogarn ymchwifio'n


ddiymdroi ac yn drwyadl i unrhyw later yr amheulr neu y credir yn rhesymol ei fod yn torri
unrhyw un o bolisfau neu reolau'r BBC neu a al fod yn fater disgyblu beth bynnag. Fel
arter hysbysir y cyftogai fod ymchwiliad i ganfod y ffeilhiau yn cael ei gynnal a phan fydd
wedi'i gwblhau.

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.

BBC �nary Pof,cy Page 7 Of 6


LISI Updated 12.10.15
rnrns •
Wedi'r cyfalfod, bydd rheolwr y gwrandawiad yn adolygu'r dystiolaeth ac yn penderfynu
ar y canlyniad.

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).

NI fydd rhybudd ysgrifenedig neu rybudd ysgrifenecflQ terfynol yn cael ei ystyried at


ddibenion disgyblu ar 61 12 mis neu gylnod arall o'r lath fel y nodwyd ar yr adeg y'i
rhoddwyd. Mewn amgylchiadau eilhriadol, gall rhybudd aros mewn grym am fwy na 12
mis, neu aros mewn grym am byth.

Yn dilyn y cyfatfod rhaid I reotwr y gwrandawiad hysbysu'r cyftogai am ei benderfyniad


mewn ysgrifen, gan amlinellu sail y penderfyniad a wnaed ac unrhyw gamau iw cymryd.

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.

Cam 3: Y r hawl I apelio

Mae gan y cyflogai hawl i apelio yn elbyn canlyniad y broses ddisgyblu. Cynhetir pob
apel yn unot A Pholisi Apgliadau'r BBC .

B8C lllsdpinlll)' Polley Page 8 ol 8


Last Updoled 12.10.15

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