The BBC has won the first round of litigation against a sacked radio presenter, but it failed to stymie the publication of an internal review containing allegations of homophobia at one of its regional stations.
This was after he sued for unfair dismissal against the BBC in his first hearing of the employment tribunal, claiming he had been discriminated against because of his sexual orientation as a gay man and his membership of the National Union of Journalists, NUJ.
The BBC argued that Murley breached social media guidelines in posts that did not show impartiality over local radio job cuts and failed to hit standards of taste and decency. Further, the BBC alleged that Murley contravened editorial rules by talking about job cuts in his broadcast and making sexualized jokes during a part of his Sunday afternoon program called 'Loosest Goose.'
Judge Smail, who presides over the employment case, found Unconvinced Murley's arguments. Therefore, the first phase of his case was dismissed. The tribunal will have a second session in October, which will deal with the circumstances connected to his removal.
In his ruling, Judge Smail determined that the BBC "did not attempt to stop" Murley from engaging in trade union activities and acknowledged that the presenter violated social media guidelines by advocating against job cuts in local radio. He also found that the disciplinary actions taken by the BBC against Murley were "not connected to his sexuality.
The BBC said, 'We do not comment on individuals. We appreciate the judgment of the tribunal and will not be making any further comments.'
Murley told Deadline, "The tribunal's ruling shows that my second part of the claim against the BBC will be heard later this year. So, it would be inappropriate to make any further comments at this time. I want to thank the NUJ and my legal team for all their support and efforts, to the public for their encouraging words and well wishes. They really mean a great deal."
Whistleblowing Report on Homophobia
In the course of a legal battle, the BBC failed in its bid to keep under wraps an internal probe into claims of homophobia at BBC Radio Cornwall. Murley lodged a whistleblowing report claiming that colleagues.iterated engaged in homophobic abuse, and said management did not protect him. The July 2024 report, despite the BBC's plea that it was irrelevant, was simply filed.
It did, however, go some way to substantiating the claim that "deficiencies at both management and institutional levels in BBC Radio Cornwall created a work environment where homophobic abuse was implicitly or explicitly tolerated." The BBC did accept in its final statement to the tribunal that the report reflected the 'unfortunate treatment' of Murley but argued that it did not prove he was treated 'less favourably' because of his sexual orientation.
Judge Smail's ruling included finer details regarding the report, which listed 12 allegations made by Murley. Investigators at the BBC concluded that there was a "case to answer" for eight of the claims made by Murley.
A noteworthy allegation involved an employee from BBC Radio Cornwall who stuck an article from the Spectator onto the kitchen wall of the office. Management considered it homophobic and took it down. The op-ed piece, labeled "anti-wokeism," appeared in the right-leaning publication under the headline: 'Has Soviet self-censorship come to Britain?'
Authored by an Estonian who relocated to the UK after the collapse of Soviet governance, this article claimed that LGBTQ+ advocates had similarly curtailed free speech as the USSR curtailed human freedoms with gumdrops and rainbows. It wrapped up with: "So I am faced with a dilemma: do I pack all our things and maybe go back to Eastern Europe - to the Free East, where I do not have to sing to the rainbow flags? Or do I change my language so that I will not be recognized by Trans Allies?"
Other credible allegations by the BBC investigators include Murley's claim that a presenter at work made a homophobic joke, and comments by a camera operator deemed homophobic about an LGBT podcast and blood donation.
In making this information public, Judge Smail said that the report was just of "background interest" and didn't relate to the first part of the employment tribunal. Deadline has asked the BBC many questions about the whistleblowing report, like whether or not those said to have misbehaved have faced any punishments. A spokesperson did not want to give a reply.
The diversity and inclusion policy The BBC is committed to promoting diversity and inclusiveness in all aspects of recruitment and employment. The BBC will not tolerate any form of unlawful discrimination or harassment.
The leak of the report comes at a time when the BBC is in the process of reviewing its workplace culture and has asked employees about their experiences of misconduct or abuses of power. The review, which is being led by management consultancy Change Associates, will likely wrap up by the end of the year.
