Goodbye Galliano

John Galliano's swift exit as Creative Director from fashion house Christian Dior has been welcomed by many as the ‘right decision,' in light of his anti-Semitic outburst at café La Perle in Paris. Moral justification aside, Dior, as Galliano's employer would have also had to consider the legal implications of the dismissal in response to his behaviour, which, inappropriate as it may be, took place outside of work.

UK legislation entitles all employees with at least one year's service to the right not to be unfairly dismissed. This means that every dismissal must be based on a fair reason and must be conducted in accordance with a fair and reasonable process. On the assumption that Galliano's dismissal took effect through Dior's UK office, it is likely that Dior would have cited his public conduct as the reason for the dismissal.

Given Galliano's high profile and iconic status for the brand, his behaviour, even outside of work, could have had a detrimental effect on Dior's image. His conduct made headlines all over the world and led Natalie Portman (currently the face of the perfume Miss Dior Cherie) to make a statement expressing that she was ‘deeply shocked and disgusted' by Galliano's conduct and that she would ‘not be associated with him in any way.'

In these circumstances, even though the recorded rant took place while Galliano was technically ‘off duty,' it is likely that an Employment Tribunal would agree that Dior's decision to dismiss him was within a range of reasonable responses available to the Company. It is alleged that Galliano will be fighting his dismissal and so it is possible that the fairness of his removal from Dior will be tested in the not too distant future in an Employment Tribunal.

In most circumstances, it will be difficult for an employer to demonstrate that dismissing an individual because of behaviour outside of work was a reasonable and fair response. Although not conclusive, it certainly assists to have express contractual provisions enabling an employer to dismiss an employee on the basis of actions unrelated to their job role, but likely to bring the business into disrepute (e.g. fraudulent activity, bankruptcy, criminal activity). Express provisions will go some way in ensuring that a dismissal as a result of specified prohibited activity is fair.

It is therefore good practice for employers to ensure that any contract of employment is drafted with these contractual safeguards in place and issued at the commencement of employment.

Whether or not John Galliano fights his dismissal is yet to be seen. In the meantime, the question ringing loud in the currently very vacant role is: who will be Dior's next Creative Director?

For more information, or to contact any member of the team, please see our Fashion and Design sector page.

Daniela