Claimant v BBC

The tribunal found that the removal from on-air duties, delays in disciplinary charges, grievance process, gross misconduct charges, and failure to support were not related to the claimant's sexual orientation. The respondent's actions were motivated by concerns about breaches of Editorial Standards and Social Media Guidelines, including impartiality requirements. There was no prima facie case that his sexuality played any role in the respondent's conduct. The respondent demonstrated that the reasons were non-discriminatory.

The tribunal concluded that none of the steps taken by the respondent were reasonably to be regarded as having the purpose or effect of violating the claimant's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. The steps were not related to his sexuality but to enforcement of Editorial Standards and Social Media Guidelines. The claimant, though subjected to frequent homophobic abuse by the public, was not harassed by the respondent in its management actions.

The tribunal held that posting on a personal Twitter account was not engaging in trade union activities or communicating on behalf of the union. The respondent's purpose was to uphold Editorial Standards and Social Media Guidelines, not to prevent or deter trade union activities. The claimant was campaigning from his personal Twitter account in breach of impartiality rules. The NUJ's own guidance recognised the need for impartiality. The respondent did not seek to prevent the claimant from participating in trade union activities properly so-called. No prima facie case was established that the detriments were for the sole or main purpose of preventing or deterring trade union activities.