Former CTO John Linwood BBC, who was fired following a failure £ 100m Digital Media Initiative, has won a claim for unfair dismissal against the corporation.
Linwood take legal action against the BBC after his contract was terminated in July last year after the failure of DMI technology project that was canceled by the director general of the BBC, Tony Hall.
Linwood claimed in employment tribunal in central London earlier this year that it had made a "scapegoat" for his failure and said the project should not have been fired.
BBC said in court that Linwood is responsible for "squandering of public funds" and "quite embarrassing flight from responsibility" for the failure of the initiative, which should make the BBC "tapeless".
In a decision issued Thursday, was "unanimous decision" Linwood claims court for unfair dismissal is "well established and successful." Linwood is said to have contributed "to the extent of 15%" for the dismissal itself.
But two other complaints Linwood rejected.
The court said that the BBC is wrong to fill the Linwood with serious misconduct and initiate disciplinary proceedings against him.
However, he said that "a reasonable employer ... have lost confidence ... perhaps enough has informed this fact in a transparent way and gave him six months in advance of the contract, on gardening leave."
A BBC spokesman said: "This is a very difficult set of circumstances for the BBC had a major failure of an important project, and we have lost confidence - that the court recognized - in John Linwood The moment we think act appropriately ...
"The court has taken a different view - we were disappointed with the result, however, we will study the judgment and are grateful to the staff involved in the treatment of a very difficult case."
Labor Court's disciplinary procedures followed Linwood spicy suspension BBC describes as "very substantive and procedural flaws."
It disciplinary research as "totally inadequate" and "no reasonable employer action" at the time was "seems arrogant disregard for accepted standards of a fair disciplinary process" is described.
The court said that one of the BBC executive in charge, human resources Clare Dyer, can not read important documents and "seem to consider the details and documents as laborious and time consuming distractions from the task at hand as well."
The 66-page detailed judgment reveals DMI project, first performed by the electronics giant Siemens before being taken home forensic outcome.
The size and ambition of the project that BBC executives compare it to "boil the ocean".
But the court said innocent to be too optimistic about the progress of the plan Linwood, according to the BBC, said he had been encouraged to "just do it" by senior officers including the Director General of the BBC, Mark Thompson.
It said the impact of the resignation of George Entwistle as CEO at the height of the crisis Jimmy Savile after just 54 days on the job ", produced on emotion, fear and anxiety [BBC trustee Anthony] Fry fell through senior executives and senior managers to be "the scapegoat" left 'cans' that lead. "
The court said that other BBC executives fear abandonment DMI announcement in May 2013, shortly after Hall took over as CEO, could lead to another "when Entwistle".
Then the BBC director of operations, Dominic Coles, said in an email to Pat Younge creative head - both of which have been since the corporation - that "sounds like George [Entwistle] while potentially".
Younge said: "Linwood could only turn in the wind for now ... Hall is fire resistant."
The Court describes the exchange of emails as "exceptional interest" in tone and content, and symptoms of the culture of the BBC "guilt beam steering in the opposite direction from those who feel at risk relationships with vessel sink. "
They said they are "deeply embedded in the organizational culture of accountability expectations victim" Linwood has to pay the price.
The amount of compensation to be paid to Linwood, who earned £ 240,000 a year and receive a signing bonus-in £ 140,000, to be determined at a later date.
The court concluded that the decision should go Linwood executive board of the BBC, attended Hall, on May 13 last year, although it said the minutes of the meeting were adequate and did not mention the name of this Linwood.
It said management has decided Linwood has to go "one way or another"; email is then sent by the executive, including the hiring manager then Lucy Adams, speaking of his dismissal as a certainty.
The meeting followed a meeting of the BBC Trust, May 8, in which the trust has expressed "deep concern" about the planned asset amortization DMI after Fry wrote to Hall for "which of the executives who are considered responsible DMI results. "
The court said: "It's the same in the context of what is obviously a very tough match and steamy, for a very clear instruction to the Executive to" find the culprit. "
Later that month, chief strategist James Purnell BBC writes: "We need a clear line in the [John Linwood] if he resigned or was fired and why." The court said: "It is important that there is a third option in mind Purnell, such as results of different disciplines."
BBC DMI plowed £ 125.9m - production and efforts to create an integrated digital archive system - before it was canceled at a cost of £ 98.4m.
The closure was announced on May 24 last year, while the suspension was announced internally Linwood after he refused to resign over the issue.
John Tate, then BBC director of policy and strategy, is reported to have said the Linwood: "Of course it was a stitch, but you should see it coming ... I hope you have a good lawyer you're scared.".
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