F1 is seen by many as the pinnacle of motorsport; leading the way in the development of motoring technology.

Now, Red Bull’s F1 team is giving us headlines on the impact of handling sensitive grievances.

Background

While Red Bull has (rightly) kept the detail confidential, the media has reported that allegations of inappropriate and controlling behaviour have been made against Christian Horner, the racing team’s Principal.

Issues

As specialist employment lawyers who also focus on undertaking sensitive and complex workplace investigations, there are some issues/learning from the situation, which is largely based on press reports at the time of writing; more issues may follow as the situation evolves.

Process

Such allegations triggered a formal grievance process. Keeping the issues and allegations confidential is key. Currently, the issues are internal and, rightly, the detail is not in the public domain.

We applaud Red Bull for instructing an independent employment law specialist to undertake the investigation (of course, other suppliers of workplace investigations are available (!!)). Taking this step certainly tells us the matter is being taken seriously. Having an expert lawyer investigate should have enabled the decision maker to reach a reasoned and balanced decision.

That decision, of course, was to clear Mr Horner of any wrongdoing.

However, that outcome is no surprise; in our experience as employment lawyers, serious allegations against senior business leaders are rarely upheld.

If press reports are to be believed, the accuser has appealed the grievance decision, and now finds herself suspended. This means that on the back of raising her concerns, she is now facing disciplinary action, potentially leading to dismissal. 

While suspending an employee who submits a grievance may raise an eyebrow (or two), the practical reality is that it can be very difficult for the working relationship to continue where an employee (rightly or wrongly) holds deep and negative views of their employer or the person(s) in charge. It’s almost inevitable that all options are considered by the employer, which will include consideration of finding a way to separate the individuals; potentially with the employee being dismissed.

Victimisation / Detriment

While we don’t know if the allegations against Mr Horner included allegations of discrimination or that he/Red Bull acted illegally (so as to amount to whistleblowing), employees who raise allegations of discrimination or whistleblowing are protected.

The protection for either is similar but different:

For discrimination, making allegations will be a “protected act”. Any detrimental treatment, including dismissal, that follows (such as suspension) can be ‘Victimisation’. This is a further form of discrimination if the reason for the subsequent treatment is because the employee made allegations of discrimination.

For whistleblowing, an employee who has made a protected disclosure is protected from any subsequent detrimental treatment and/or dismissal; if the detrimental treatment is because of the protected disclosure. 

In both situations, the employee does not need two years’ service to claim, and awards are uncapped.

Culture

What this whole situation also shows is how important workplace culture is.

As well as reports over the allegations, the press is also reporting power struggles inside Red Bull. If true, this could either be Mr Horner looking to cement his position, or others trying to take power from him. Neither sounds very attractive.

Reports and speculation of a power struggle has only increased following the announcement that (some may say the first senior person), Adrian Newey, is leaving. While Max Verstappen has remained quiet on the topic reportedly, his father, Jos Verstappen, has not; calling for Mr Horner’s exit. 

Mr Newey’s announced departure has only fuelled concern that others will also leave. The most recent press reports speak of other F1 teams claiming they have received CVs from Red Bull staff at all levels. 

While only those involved will know the true version of events, in our line of work, particularly when undertaking complex and sensitive workplace investigations, we regularly see how toxic / inappropriate behaviour can lead to grievances, claims, poor morale and, ultimately, an exodus of talent. 

Not many people want to work for a business whose values do not align to their own. 

PR

While the popularity of F1 will always attract more attention than other, less public, businesses/sectors, the situation highlights how being associated with such issues can cause negative PR.

Aside the speculation as to what happened, the press focus is now on who will be next to leave Red Bull; open talk of people leaving is not good for any business.

There is also the public nature of tribunal claims. While Red Bull may try and limit public access to the detail/documents, its ability to do so may be limited should a tribunal claim be issued.

Further, the BBC has reported that Mr Horner’s accuser has lodged an official complaint with the FIA; F1’s governing body. Regulated businesses risk sanctions or further independent investigations, which only adds pressure at an already difficult time.

Summary

While we have limited specific detail, and where there is much press speculation, it’s easy to see how these situations (if true) can quickly escalate. If they do, it can cause several difficult issues to come to the fore. 

For any business involved in complex and difficult workplace issues, its important to seek early advice, and ensure any process is transparent, robust and fair, especially the investigation phase.

Article by

Matthew Kilgannon

Kilgannon & Partners LLP provides a wide range of services to help employers manage sensitive workplace issues, ensure compliance with employment law and execute their HR strategy. We regularly advise employers on complex HR matters, we support our clients in managing performance, absence, grievance and disciplinary issues, with extensive experience in resolving workplace disputes and employment tribunal litigation. Our team can also support with redundancy and restructuring processes, employment contracts, bonus schemes and handbooks, offering strategic and operational HR support. Please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777