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Bill Emmott
Bill Emmott is a former editor of the Economist. Photograph: Sarah Lee/The Guardian
Bill Emmott is a former editor of the Economist. Photograph: Sarah Lee/The Guardian

Ex-Ofcom board member seeks judicial review over sacking

This article is more than 7 years old

Bill Emmott accuses culture secretary of unreasonable behaviour in terminating his contract without compensation

A former Ofcom board member is seeking a judicial review of the decision by the culture secretary, Karen Bradley, to sack him without compensation after he expressed support for the EU.

Bill Emmott, a former Economist editor, has accused Bradley of “unreasonable behaviour” and questioned her fitness for office, in a long-running row that exposes tensions between the government and the media regulator.

Bradley, who is already facing a judicial review of her decision to consult on two remaining aspects of press regulation, had accused Emmott of “misbehaviour”. He in turn accuses her of “recklessly defaming a person of good reputation”.

The row started before last year’s referendum when Ofcom accused Emmott, then its new chief enforcer of television quality and standards, of contravening its code of conduct by speaking out about politics.

Eventually Bradley’s Department for Culture, Media and Sport (DCMS) terminated his contract as chair of Ofcom’s content board without compensation last November, overturning what Emmott believed was an agreement to pay him £75,000 for termination without cause.

Although Emmott objected to his dismissal by Ofcom for “three tweets, one Italian interview and an article about Donald Trump”, as he put it, it is the DCMS action that has prompted the legal complaint.

He is calling for Bradley’s decision to be quashed, especially given the fact that he had been recused from internal discussions and decisions concerning the referendum.

A DCMS spokesman said the decision to terminate Emmott’s contract was due to his “failing to adhere to the Ofcom board members’ code of practice”.

As for the payoff, a DCMS source said: “It was never in Ofcom’s gift to offer a financial settlement – it was only ever a matter for DCMS. When the secretary of state looked at the case, she was clear taxpayers’ money must not be used to reward a breach of conduct.”

Emmott has until 3 February, three months after the DCMS decision, to launch legal action and has decided he will do so despite the legal costs. “I aim to get the costs paid by DCMS but if I lose I’m willing to bite the bullet because of the principle involved. The government should not behave in this way,” he said.

It is the second time the government appears to have rejected a senior Ofcom recommendation. In December the DCMS rejected the only BAME and female candidate put forward by Ofcom for one of four new board positionsat Channel 4.

The signs of tension come as Ofcom faces its biggest ever challenge, taking over the regulation of the BBC from April. Ofcom’s chair, Patricia Hodgson, who appointed Emmott, had her contract extended by another year, to 2018, partly to oversee the integration of oversight of the BBC.

Bradley also faces a decision about whether to refer the bid by Rupert Murdoch’s 20th Century Fox for full ownership of Sky to Ofcom by this spring.

Emmott has been vocal in his criticism of Ofcom since leaving the regulator. In an article in the FT in November, he wrote: “In its current shape and leadership, Ofcom looks unfit for the vital national task of protecting editorial standards at the BBC.”

He has been critical of the way he has been treated compared with a remaining board member, Sheila Noakes, a Tory peer who supported Brexit.

Ofcom declined to comment on what it regards as an employee matter.

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