The case of the Coldplay couple – Andy Byron and Kristin Cabot – apart from perhaps influencing the future behaviour of concertgoers where big screens are present, has presented companies with questions over how to handle private matters that become public. Jayne Holliday explores 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. What started with the innocent intention of capturing a seemingly romantic moment at the concert, has snowballed into investigations, allegations and resignations for all the world to see (and judge). Not to mention the conversations in boardrooms across the world that have followed.
It’s easy to dismiss this as just another social media storm, but for lawyers (and employers), it’s a perfect case study on how operations can unravel overnight when personal and professional lives collide.
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The harsh reality is that once you’re in a public space, especially somewhere like a concert venue with one of the biggest bands in the world, you’re fair game for filming and photography. Not to mention that there would have been mobile phones everywhere that night.
It might feel intrusive, but it’s not illegal unless it crosses into harassment, defamation or breach of data protection laws, which this doesn’t appear to do. The event organisers aren’t liable either, they can’t control every phone in a 60,000-capacity venue.
The repercussions of that now infamous footage – the resignation of Astronomer CEO Andy Byron and of the tech firm’s HR head Kristin Cabot – has raised some eyebrows, and is where things get murky for employers in the legal sense. Particularly around whether they are being treated equally. This is where employers could find themselves in hot water if they don’t follow correct procedures and policy.
If there’s any perception of unfair treatment from either Mr Byron or Ms Cabot, there could be a discrimination claim waiting in the wings. Employers need to demonstrate that they have the same procedures and apply the same standards for all employees, regardless of their job title or gender.
If someone feels they’ve been treated unfairly, they could potentially pursue claims for unfair dismissal or breach of contract. If either individual wanted to bring a claim it would typically start with raising an appeal against any sanction or grievance internally.
If unresolved, they could proceed to an employment tribunal, but they’d need to evidence how the company has acted unreasonably or discriminatorily. It’s a high bar; especially if the employer followed its internal procedures and could fully justify the position.
One question that keeps coming up is why only one person has resigned so far. From a legal standpoint, that’s actually irrelevant, and there’s no legal obligation to resign.
The CEO may have chosen to step down early to avoid formal proceedings, and because of the risk of reputational damage to himself or the business. That decision shouldn’t determine how others are treated in this particular circumstance. What matters is that companies follow fair and stringent policies and procedures for all parties. If not, it opens the door to discrimination claims.
As for Ms Cabot, we don’t know her personal reasons, but there was no legal obligation on her to resign. If either individual brought the company into disrepute, termination may be justified, even though the event happened outside of work.
So, what should companies do when private drama becomes public property?
Under UK employment law, employees are contractually expected to act in a way that does not damage the reputation of their employer. It’s also important to remember that despite this incident being a viral sensation over the last few days, all other employees are watching closely to see whether their employer acts with integrity when the pressure is on.
As our personal and professional lives become increasingly intertwined and social media seems to be the root cause of many a controversy these days, incidents like this are inevitable.
Companies that weather these storms successfully are the ones with clear policies, consistent messaging and the courage to do the right thing even when the whole world is watching.
This article was altered on 25 July after the resignation of Kristin Cabot on 24 July.
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