06 February 2012 #Employment
Reports on the BBC Website today say that Fabio Capello may be in breach of his contract having expressed to Italian TV Channel RAI that he found the FA`s decision to force Terry to step down as Captain unfair.
Capello stated "I have spoken to the [FA] chairman and I have said that in my opinion one cannot be punished until it is official and the court - a non-sport court, a civil court - had made a decision to decide if John Terry has done what he is accused of."
Former FA executive director David Davies reportedly told BBC Radio 5 live that "My understanding - and I`ve talked to one or two very senior people at the FA in the last 24 hours - is that this matter with Capello is regarded very seriously... He may well have breached his contract. There is a view that publicly this sort of matter shouldn`t be aired in this sort of way. It will be for others to know the fine print of Capello`s contract and I suspect people will look at it."
Employmentbuddy has blogged a number of times recently on the dangers of employees speaking out about their employers on social media sites, and this shows that the same is true of other forms of media such as television and radio. The case law shows that such situations are also tricky for employers, with a number of employees who have been dismissed in such circumstances successfully claiming unfair dismissal.
If Capello has breached his contract the FA, like all employers, will have to carry out a full investigation, assess carefully whether disciplinary action is warranted, and if so the severity of the sanction. If Buddy members find themselves in a similar situation, Employmentbuddy has a number of useful guidance notes and fact sheets available in the HR Resources - Disciplinary and Grievance section of the site.