BBC asks Huw Edwards to return salary paid after arrest but lawyers say he probably doesn’t have to
The BBC has asked Huw Edwards to return the salary he was paid during the period following his arrest in November last year, after his guilty plea to charges of having indecent images of children.
It comes after the Culture Secretary had urged the disgraced newsreader to “return his salary”, while she also asked the BBC to look into whether it can recoup an estimated £200,000 paid to Edwards between his arrest and resignation.
The corporation was informed that Edwards had been arrested in November 2023 but continued to employ the veteran broadcaster until April, when Edwards resigned on medical advice.
The BBC veteran pleaded guilty to making indecent images of children on July 31, with the court hearing he had been involved in an online chat with an adult man on WhatsApp between December 2020 and August 2021, who sent him 377 sexual images, of which 41 were indecent images of children.
The BBC statement said: “There is nothing more important than the public’s trust in the BBC; the BBC board is the custodian of that trust.
“The board has met a number of times over the last week to review information provided by the executive relating to Huw Edwards. The board’s focus has been principally around two issues.
“Firstly, what was known in the lead up to Mr Edwards being charged and pleading guilty last Wednesday to making indecent images of children; and, secondly, the specifics of the BBC’s handling of the complaints and the BBC’s own investigations into Mr Edwards, prior to his resignation on April 22 2024”.
The statement added: “Today, the board has authorised the executive to seek the return of salary paid to Mr Edwards from the time he was arrested in November last year. Mr Edwards pleaded guilty to an appalling crime.”
It continued: “Whilst the nature of the charges against Mr Edwards is related to his own personal life, the board believes these events have also put a spotlight on the question of power imbalances in the workplace.
“We remain concerned about the potential for inappropriate workplace behaviour, particularly in creative and editorial environments.
“Whilst challenges related to power imbalances in the workplace are a challenge for multiple employers, the BBC must hold itself to the highest standards.”
It also announced the board has commissioned an independent review that will “make recommendations on practical steps that could strengthen a workplace culture in line with BBC values” and said the corporation will set out terms of reference and leadership of this review in early September.
In response, Culture Secretary Lisa Nandy said: “Public trust in the BBC is essential, and so I welcome the BBC’s decision to launch an independent review into the culture within the organisation following the Huw Edwards case and his abhorrent actions.
“The BBC is a hugely valued and important player in the public service broadcasting landscape that reaches millions every day and it is vital that the public has complete trust and faith in the organisation and in how it is run.
“BBC staff must be able to feel safe in the workplace and be confident that if non-editorial complaints are raised they will be acted upon and dealt with fairly and decisively.
“The BBC is operationally and editorially independent of the Government, however I have spoken to the BBC chair in the past week to convey these points in the interests of the public.”
Joanna Marchong, investigations campaign manager of the TaxPayers’ Alliance, said: “The Beeb are bang on the money asking Huw Edwards to return the salary he earned after his arrest, but it is frankly shocking we were ever in this position.
“Licence fee payers were horrified to learn that the disgraced presenter was continuing to receive his wages, despite the egregious crimes he was accused of.
“Bosses at the BBC should immediately review contracts to ensure that any future incidents can be dealt with much more speedily than this one.”
Before Edwards resigned, he was the broadcaster’s highest-paid newsreader, with a pay bracket between £475,000 and £479,999 for the year 2023-24, according to the BBC’s latest annual report.
It marked a £40,000 pay rise from 2022/23, when he was paid between £435,000 and £439,999.
The BBC previously said after Edwards’ guilty plea that if he had been charged while he was still an employee it would have sacked him, but at the point of charge he no longer worked for the corporation.
Does Edwards have to pay it back? Here’s what lawyers say
While Edwards is coming under intense pressure to pay the money back, lawyers commenting on the issue have been fairly clear.
There is no real legal basis which compels him to do it, even if it might seen as the correct thing to do by the public.
A&O Shearman employment partner Kate Pumfrey said: “Legally, if someone is suspended pending an investigation, they will usually be contractually entitled to their full salary. The employer has no right to deviate from the contract or company policy because the conduct in question is unlawful or morally reprehensible.
“If Edwards refused to voluntarily repay amounts paid to him while he was suspended, the BBC may wish to consider legal action to recover those sums. However, it’s unlikely that the BBC would have a contractual right to such repayment and clawback claims are difficult to bring.
This is likely why the BBC at this stage have not confirmed whether legal proceedings would be initiated if Edwards refuses make the payments voluntarily.
Meanwhile Sarah Chilton, Senior Partner who specialises in partnership and employment law at CM Murray, said it “is really a request for him to do the right thing.”
There is no obvious legal basis for the request, or entitlement to recover the monies.”
“Employees are paid their salary when employed, even when suspended, and then cease to be entitled to that pay when they resign or are dismissed.”
An employer who later finds out that the employee did something which would have entitled them to dismiss earlier will only be able to recover payments in very limited circumstances. An employer, without a legal basis (usually found in the contract) to recover monies paid to an employee, has no legal basis to recover monies, whatever egregious conduct may have been committed or alleged whilst they were employed.”
We do not know how Edwards’ pay was structured, or what contractual terms apply but in view of the fact it appears he is being asked to return the money, it suggests the BBC do not have a contractual basis to actually recover it. It will be interesting to see what they do if he refuses.”
“The anger around the level of pay is understandable, but the BBC made a decision to pay Huw Edwards a lot of money, and the consequences of that was that it was costly to have him suspended on full pay, but, that is what the law requires employers to do when an employee is suspended pending investigation or disciplinary proceedings.”
Press Association – Hannah Roberts