BBC sacking presenter was 'reasonable', judge finds

Jack Murley, from Bodmin, worked with BBC Radio Cornwall from 2019 until 2024

The BBC's decision to dismiss one of its radio presenters has been found "reasonable" by a judge at an employment tribunal.

Jack Murley, from Bodmin, worked at BBC Radio Cornwall from 2019 until 2024, when he was sacked by the corporation.

A hearing in Exeter heard how Mr Murley was dismissed for breaching the BBC's editorial and social media guidelines.

The judge, Alastair Smail, said it was "disappointing to arrive at this position" given Mr Murley's ability as a broadcaster.

Mr Smail added that because presenters for the BBC "have access to the airwaves" they are in a "privileged position".

He found that the decisions made by the disciplinary hearing manager and subsequent appeal hearing manager, who were both senior leaders and experienced reporters, were "reasonable".

The tribunal heard how from 2022 Mr Murley openly offered his views on social media about the BBC's Local Value for All project, which involved changes to local radio stations and newsrooms, across England.

He was taken off air on 30 June 2023 following a heated conversation with his manager, when they discussed his use of social media.

Questions were also raised about content in Mr Murley's Loosest Goose feature, a satirical radio segment that included innuendo and was said to breach BBC guidelines.

Lack of contrition

Mr Murley's lawyer Nick Toms argued his client had believed he was acting within the BBC's guidelines.

He added that it had been unfair that the disciplinary process had not considered Mr Murley's unblemished record of 13 years with the organisation.

He said when making a decision a fair employer should take into consideration his "previous good record".

Jesse Crozier, representing the BBC told the hearing the gross misconduct consensus has been reached because of the "irredeemable nature of the conduct" and a lack of "contrition" from Mr Murley during the disciplinary process.

He said the corporation had "lost trust" in Mr Murley and this had made a final written warning and the continuation of his role as a presenter "impossible".

Referring to the positive aspects of the presenter's employment record, Mr Crozier said: "You can build up your perfect employee but they do one thing that is so grievously wrong, that it doesn't matter what is on that side of the scale, they have to go."

Judge Smail outlined how he had considered the final submissions from both sides before coming to his decision.

He said Mr Murley "adopted a policy of pleading guilty to nothing" and believed that Mr Murley "needed to accept those breaches" of guidelines "before trust could be rebuilt".

This outcome follows a previous tribunal against the BBC in November 2024 which found Mr Murley's sacking had not been discrimination for being gay or a union representative.