BBC 'acted reasonably' when sacking journalist

A barrister representing the BBC has told a tribunal the broadcaster acted "reasonably and proportionately" when it dismissed a journalist because of his X posts.

Sean McGinty, who worked for BBC Radio Lancashire for 22 years, was dismissed because he made numerous posts on X deemed to have breached the BBC's social media and editorial policy guidelines, including about transgender issues and Hamas.

He claims his actions were due to ADHD and severe anxiety, and has taken the BBC to tribunal claiming unfair dismissal and two claims under the Equality Act 2010.

But Bayo Randle, representing the BBC, told the tribunal there was no medical evidence McGinty's conduct was caused by his disabilities.

"There is a difference between explanation and justification," Randle told the tribunal in his closing submissions.

"Now, we don't accept Mr McGinty's explanation. There is simply no evidence to support it.

"But even if it is an explanation for the conduct it doesn't mean it justifies it, and it doesn't mean it justifies retaining him as an employee."

The tribunal has heard that McGinty was diagnosed with ADHD as a child, and it is not disputed that he has the condition.

It has also heard he had severe anxiety and was signed off work in March 2023, and again in November 2023, due to two mental health breakdowns.

Concerns were raised about his X activity prior to him being signed off work in the November, and he continued posting while he was off, despite being warned he was breaching the BBC's social media guidance and editorial policy guidelines.

He was eventually dismissed on 25 July 2024.

The tribunal has heard that BBC journalists should not express their views on any "controversial subject" on social media.

"Many people post strongly held opinions online," Randle said in his submissions for the BBC.

"In fact, one might say that Mr McGinty's social media posting didn't differ to any great degree to many of the persons who post on social media.

"The only difference in this case is that Mr McGinty wasn't just a bloke off the street, he was a journalist, and he was a journalist for the BBC."

This disciplinary action was also instigated because of an email McGinty sent to the production team of BBC Radio 5 Live presenter Nihal Arthanayake.

The email, sent on 16 October 2023, criticised Arthanayake for something he posted on X, which was the day after the Hamas attacks of 7 October 2023.

In the email, McGinty described Arthanayake as "sociopathic" for suggesting someone could read a book to seek context for the attacks.

McGinty has told the tribunal he regrets sending the email, but he also felt he had been treated unfairly compared to other BBC employees, including high-profile "talent", who had also posted their views on social media.

"After 7 October 2023, the BBC had a serious social media problem, and not just the six BBC Arabic journalists expressing their joy after the attack.

"Rather than go for the difficult cases they went for the low-hanging fruit," he said in his closing submissions to the tribunal.

"I always wanted to be a BBC radio journalist," McGinty added.

"I still fully support public service broadcasting and strongly believe the BBC can be re-imagined at some point with senior leaders who believe in the ethos of public service broadcasting itself."

Employment Judge Dawn Shotter said she and her colleagues would give a written judgment at a later date, which should be within four weeks.

Listen to the best of BBC Radio Lancashire on Sounds and follow BBC Lancashire on Facebook, X and Instagram. You can also send story ideas via Whatsapp to 0808 100 2230.