Coldplay’s Andy Byron, and Kristina Cabot have raised questions for companies about how to deal with private matters made public. Jayne Holliday examines the issues
Readers will have undoubtedly seen the viral memes, news coverage and not-so-well-thought-out generalised responses to “that” Coldplay concert kiss-cam footage. The innocent intent of capturing an apparently romantic moment during the concert has turned into an investigation, accusations and resignations that the entire world can see. What about the discussions that followed in boardrooms around the world?
This is a social media storm that’s easily dismissed, but it’s an excellent case study for employers and lawyers on how personal and professional lives can collide.
Do you think your privacy is being invaded? Do not believe it! Many people believe that they have greater privacy rights than they do.
It’s a harsh truth that if you are in a public place, such as a concert hall with one of the largest bands in the World, then you can be filmed and photographed. Not to mention the fact that mobile phones would have been everywhere that night.
This might seem intrusive but it is not illegal, unless the act crosses over into harassment, defamation, or a breach of data privacy laws. It does not appear that this has happened. Event organizers are not liable, as they cannot control all phones in a venue with a capacity of 60,000.
Legally, employers are in a bind over the repercussions that this now infamous video has had – the resignation and job status of HR director Kristin Cabot and Astronomer CEO Andy Byron. Especially in regards to whether or not they are treated equally. Employers could be in trouble if they do not follow the correct policies and procedures.
A discrimination suit could be filed if there is any suspicion of unfair treatment by Mr Byron or Mrs Cabot. Employers must demonstrate that all employees are treated the same, regardless of gender or job title.
Those who feel they have been unfairly treated could bring claims for unfair dismissal, or contract breach. Both individuals would need to appeal any internal sanction or grievance before they could bring a claim.
Unresolved cases could be taken to an employment tribunal. However, the employee would need to provide evidence that the company acted in a discriminatory or unreasonable manner. This is a very high standard, especially if an employer has followed their internal procedures and can fully justify its position.
The question of why only one person resigned is often asked. Legally, it’s irrelevant. There’s no obligation to resign.
It is possible that the CEO chose to step down early in order to avoid formal procedures and to protect his or her reputation. This decision should not determine how other people are treated. It is important that all parties are treated equally and with fair policies and procedures. It opens the door for discrimination claims if not.
We don’t know the personal reasons for Ms Cabot’s resignation, but she is not legally required to do so. Termination may be justified if either person brought the company in disrepute even if the event occurred outside of the workplace.
What should companies do if private dramas become public property?
According to UK employment law employees have a contractual obligation to behave in a manner that doesn’t damage the reputation or their employer. Remember that, despite the fact that this incident has been a viral phenomenon over the past few days. All other employees are closely watching to see if their employer behaves with integrity under pressure.
Instances like this will continue to happen as our personal and professional life become more interconnected and social media is the cause of so many controversy.
The companies that are able to weather these storms with ease have clear policies, consistent messages and the courage of doing the right thing when the world is watching.
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