BBC Journalist Loses Appeal Against Her Tribunal Claim Being Struck Out

Facts of the Case

BBC journalist Sally Chidzoy claimed to be a victim of discrimination, victimisation and sexual harassment by BBC management. Ms Chidzoy's case against the BBC was listed for an 11-day hearing in February 2017 before the Cambridge employment tribunal. After being sworn to the truth of her witness statement, Ms Chidzoy was due to be cross-examined by legal counsel for the BBC for three days. On the third day, after a short comfort break, counsel for the BBC informed the tribunal that she had witnessed Ms Chidzoy in discussion with a third party. BBC counsel informed the tribunal that her instructing solicitor and one of the BBC's witnesses had also witnessed the conversation. The third party was subsequently identified as a journalist. The hearing was adjourned so that Ms Chidzoy could speak to her solicitor, Mr Jackson. Mr Jackson went on to tell the tribunal that he had offered to speak to the journalist and that they went together to a room to talk, however as Ms Chidzoy was sitting in the room they did not enter. Mr Jackson said he later went into the room to get copies of witness statements to share with the journalist and that subsequently he, Ms Chidzoy and the journalist were all together in the waiting area. Mr Jackson then said that Ms Chidzoy and the journalist were left alone when he went to the lavatory. He advised that he had not heard anything "untoward" and Ms Chidzoy confirmed with him that she had not discussed evidence with the journalist. The tribunal decided that it needed to hear a full version of events from both sides through written statements and adjourned the hearing. The BBC applied to strike out Ms Chidzoy's claims on the grounds that; the manner in which the proceedings had been conducted by or on behalf of Ms Chidzoy had been scandalous, unreasonable or vexatious; and it was no longer possible to have a fair hearing. At the resumed hearing, the BBC submitted that Ms Chidzoy had been given clear warnings by the tribunal not to discuss her evidence or the case until her evidence was completed, they claimed that; The BBC's solicitor had seen the discussion and heard the word "Rottweiler". The BBC's counsel was told by a witness that they had heard reference to "dangerous dogs". When the BBC's counsel approached Ms Chidzoy and the journalist to intervene in the conversation, she had also heard the word "Rottweiler", however she could not be sure who said it. The reference to these words was...