Ex-BBC radio presenter James Hazell loses employment tribunal

James Hazell claimed the BBC discriminated against him due to his depression

A radio presenter's claims he was sacked due to depression have been thrown out by an employment tribunal.

Ex-BBC Radio Suffolk DJ James Hazell was dismissed for allegedly calling two colleagues the "C-word" and threatening them not to complain about him.

Mr Hazell said the BBC discriminated against him due to his depression.

But employment judge Kevin Palmer said the misconduct investigation and dismissal were "clearly not because of disability".

Mr Hazell, who is from Ipswich and worked for the BBC from 2006 to 2021, denied both allegations throughout the hearing at Bury St Edmunds County Court.

Peter Cook, executive editor of BBC Radio Suffolk, said in his witness statement that there were "increasingly strained relationships" in Mr Hazell's team, "in particular" between him, Katharine Park and a woman referred to as Employee A in the summer of 2021.

Peter Cook, executive editor of BBC Radio Suffolk, said he terminated Mr Hazell's contract as a result of the allegations, rather than any other issues

Mr Hazell, who presented the mid-morning show, allegedly made the "C-word" comment about his team members when speaking to a colleague called Connor Bennett.

The alleged comment had been relayed to Employee A and Ms Park by the time they met Mr Hazell in a pub on 1 July 2021.

The pub meeting had been an attempt to resolve the issues between them, the tribunal heard, but Mr Hazell then allegedly threatened the two women not to complain about him.

Mr Cook said he investigated both allegations and terminated Mr Hazell's contract as a result of these matters alone, rather than any other issues, which was accepted by the judge.

The tribunal heard Mr Hazell had previously been warned about his conduct towards Employee A, due to comments and behaviour of a sexual nature.

These included "a text about masturbation", "touching her leg and commenting on the fact she had shaved", and a "comment to her about having an erection in a station car".

Mr Hazell claimed his contract was terminated because of what the BBC perceived to be "negativity" in his behaviour, which resulted from his depression.

But this was dismissed by Mr Palmer at the hearing on Thursday, who said perceived negativity was "background context".

The judge also accepted Mr Cook's argument that a similar situation arising from a presenter without depression would have ended in the "same conclusion".

Mr Palmer also told the court disability was "not in the mind" of Mr Cook at the time of the investigation and the decision to terminate employment.

James Hazell presented the mid-morning programme on BBC Radio Suffolk

In his closing remarks, Mr Palmer said: "The claimant argued that Mr Cook's decision to investigate claims of misconduct and the decision to terminate [his employment] was because of his disability.

"We found both actions were genuine and not a sham.

"Evidence was brought to Mr Cook, he investigated them and came to a conclusion and that conclusion was the claimant was guilty and decided to terminate on the basis of that investigation.

"There is nothing before us to suggest his decision was tainted by the claimant's disability.

"The decision to investigate and terminate might be unfavourable but this is not something arising from the disability.

"The tribunal finds that the claimant's claims must fail, they do and are dismissed."