An employment tribunal dismissed Sean McGinty’s unfair dismissal and disability discrimination claims after his sacking over social media activity.
A former BBC journalist sacked over posts on X has lost an employment tribunal case challenging his dismissal.
Sean McGinty, who spent 22 years at BBC Radio Lancashire in roles including presenter and producer, brought claims for unfair dismissal and two forms of disability discrimination under the Equality Act 2010. The tribunal dismissed all three claims, finding they were “not well-founded”
McGinty was dismissed after the BBC concluded his activity on X breached its social media and editorial policy guidelines. The tribunal heard the posts included comments about transgender issues and Hamas, and that he was also dismissed over an email sent to the production team of a BBC Radio 5 Live presenter in which he accused the presenter of “sociopathic” behaviour.
McGinty argued that his conduct arose from the combined effect of ADHD and severe anxiety. A written judgment approved by Employment Judge Dawn Shotter rejected that argument, concluding there was “no causal connection” between his disability and the gross misconduct alleged against him.
The tribunal also found the BBC acted reasonably in dismissing him because of its impartiality rules. It said the broadcaster could not allow “contentious and sensitive biased posts” to remain public from a journalist who, in the tribunal’s view, had not accepted he was wrong and was likely to continue posting in a similar way.
The case also examined how the BBC handled medical information and workplace support. The tribunal heard McGinty had been diagnosed with ADHD as a child and was signed off work in March 2023 with severe anxiety, and again in November 2023, after two mental health breakdowns.
Concerns about his X activity had been raised before the November absence, and the tribunal heard he continued posting while off work despite warnings that he was breaching BBC guidelines. He was dismissed for gross misconduct on 25 July 2024.
The tribunal found an occupational health report detailing McGinty’s ADHD diagnosis should have been shared by HR with the hearing manager before a June 2024 disciplinary hearing. But it concluded a later appeal hearing corrected that procedural problem because the report was considered and explored by the appeal manager.
McGinty’s claim that the BBC failed to provide support and adjustments when he returned to work was also dismissed.
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