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Christopher Bond
christopher.bond@lg-legal.com
T +44 20 7759 6963

Michael Reilly
michael.reilly@lg-legal.com
T +44 20 7759 6882


27 Feb 2011

Richard Keys. case for unfair dismissal?

Sky Sports commentator Richard Keys has resigned from Sky Sports following comments about female referee Sian Massey and other recordings which have emerged. However, he claims he was prevented from apologising by his employer.

LG partner and head of employment and pensions, Yvonne Gallagher, comments: "Richard Keys referred to 'dark forces' which prevented him from apologising publicly for the comments made about assistant referee Sian Massey. Employers should be cautious of preventing an employee from taking steps to limit the damage caused by unwise conduct and then seeking to rely on the conduct as grounds for dismissal. There is a substantial risk that a tribunal will find a dismissal to be unfair in circumstances where the employer appears to be reacting to the public response to the conduct, rather than the conduct itself, particularly where, arguably, that response has been worsened by the perceived failure of those involved to apologise promptly and fully. While it is of course essential that an organisation take steps to manage a negative news story appropriately, in so doing it may weaken its position in relation to the individuals involved."

Richard Keys on talkSPORT claims 'dark forces at work':
http://www.talksport.co.uk/magazine/interviews/2011-01-26/richard-keys-apology-talksport-exclusive-video-footage-part-one

Yvonne Gallagher
Partner, Head of Employment and Pensions
Yvonne Gallagher
.