BBC Wins Legal Fight With Fired Presenter, But Case Details Claims He Faced 'Anti-Wokeism' Homophobia
BBC Radio Cornwall presenter Jack Murley took legal action against his employer for wrongful dismissal last year. In the first part of his employment tribunal, Murley argued that the BBC discriminated against him for being gay and a representative of the National Union of Journalists (NUJ).
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The BBC argued that Murley broke social media rules with tweets that failed to be impartial about local radio job cuts and that fell below standards of taste and decency. The BBC also argued that Murley breached editorial rules by discussing job cuts on-air and making sexualized jokes during a segment on his Sunday afternoon show, titled 'Loosest Goose.'
Employment Judge Smail was not persuaded by Murley's arguments and the first round of his case was dismissed. A second part of the tribunal, scheduled to take place in October, will deal with the events surrounding his ousting.
In his ruling, Judge Smail concluded that the BBC 'did not seek to prevent' Murley from participating in trade union activities and agreed that the presenter broke social media rules by campaigning against local radio job cuts. Judge Smail also concluded that the disciplinary proceedings brought by the BBC against Murley were 'not related to his sexuality.'
In a statement, the BBC said: 'We do not comment on individuals. We welcome the judgment of the tribunal and won't be commenting further.'
Murley told Deadline: 'As the tribunal's judgment makes clear, the second part of my claim against the BBC is set to be considered later this year. As such, it would not be right to comment further at this stage. I'd like to thank the NUJ and my legal team for their continued support and hard work, and the public for their kind words and best wishes. They mean an awful lot.'
Homophobia Whistleblowing Report
As part of the legal proceedings, the BBC failed in its efforts to stop the publication of an internal investigation into allegations of homophobia at BBC Radio Cornwall. Murley filed a whistleblowing report accusing colleagues of homophobic abuse and claiming that management failed to protect him. The July 2024 report was disclosed despite the BBC arguing it was not relevant.
The investigation partially upheld an allegation that 'failings at a managerial and institutional level in BBC Radio Cornwall created and sustained an environment in which homophobic abuse was implicitly or explicitly tolerated.' In its closing submission to the tribunal, the BBC admitted that the report detailed the 'regrettable treatment' of Murley, but argued that it was not evidence that managers treated him 'less favourably' because of his sexuality.
Judge Smail's ruling contained more details about the report, which comprised 12 allegations made by Murley. BBC investigators concluded that there was a 'case to answer' on eight of Murley's 12 claims.
One of the claims with a case to answer detailed how a BBC Radio Cornwall employee pinned to the office kitchen wall a Spectator article that was considered homophobic by managers and later removed. The 'anti-wokeism' op-ed in the right-wing magazine was headlined: 'Has Soviet self-censorship come to Britain?'
Written by an Estonian who moved to the UK after living through the fall of Soviet rule, it claimed LGBTQ+ rights advocates have restricted free speech in the same way that the USSR strangled human liberties. It concluded with the line: 'So I find myself facing a dilemma: whether to pack up all of our belongings and move, perhaps back to Eastern Europe – to the Free East, where I don't have to sing to the red rainbow flags. Or correct my speech to avoid being detected by the KGB Trans Allies.'
Other allegations considered to have merit by BBC investigators included Murley's claims a presenter made a 'homophobic joke' in the office and a camera operator made 'homophobic' remarks about an LGBT podcast and blood donation.
While publishing these details, Judge Smail ultimately determined that the report was only of 'background interest' and was not relevant to the first part of the employment tribunal. Deadline has asked the BBC a series of questions about the whistleblowing report, including whether those accused of wrongdoing have faced disciplinary action. A spokesperson declined to comment.
The corporation's diversity and inclusion policy states: 'The BBC is committed to diversity and inclusion in all aspects of recruitment and employment and will not tolerate unlawful discrimination or harassment in any form.'
Disclosure of the report comes at a time when the BBC is undertaking a workplace culture review and employees are being questioned about their experiences of wrongdoing or abuses of power. The work is being led by management consultancy Change Associates and is expected to conclude this year.
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