Sacked BBC journalist says X posts were due to ADHD

A former BBC journalist who was dismissed over posts he made on social media claims his actions were due to ADHD and mental ill-health.

Sean McGinty, who worked for BBC Radio Lancashire for 22 years in various roles including presenter and producer, is bringing a tribunal against the BBC claiming unfair dismissal, and two claims under the Equality Act 2010.

The tribunal heard he made numerous posts on X which were deemed to have breached the BBC's social media and editorial policy guidelines, including about transgender issues and Hamas.

The corporation also dismissed him over an email he sent to the production team of a BBC Radio 5 Live presenter, who he accused of "sociopathic" behaviour.

McGinty made some of the social media posts while signed off work with anxiety and low mood, the tribunal has heard.

He claims his conduct arose directly from the combination of his two disabilities - ADHD and severe anxiety.

"I posted things on X (formerly Twitter) and sent an email that I would never have done if I had been well," he said in his witness statement.

As well as the claim for unfair dismissal, McGinty is making a claim of discrimination arising from disability, and failure to make reasonable adjustments.

The 61-year-oldsaid his ADHD affects him in several ways, including "impulsivity and lack of filter", and "hyperfocus and justice sensitivity".

He said this means he "can become fixated on issues I care about, such as the BBC's departure from standard journalism standards, workplace fairness, or the plight of young gay neurodiverse people who fell victim to the notion that humans can change their sex".

He said he had managed his ADHD for most of his life but in March 2023, he said he experienced a mental health breakdown due to issues at work including "workplace toxicity".

He claims he disclosed his ADHD diagnosis to his manager at the time, while he was off sick, and also claimed the BBC did not provide support and adjustments when he returned to work.

Then, in October 2023, he was "mapped" to what he described as a "low-level technical cut and paste" role as part of a restructuring of local radio.

He said he told his new line manager, Chris Rick, this role was unsuitable for him because of his ADHD, but Rick "would not consider alternatives".

This "triggered a severe mental health crisis" and he suffered "a complete mental health breakdown" in November 2023 before being signed off sick.

McGinty had emailed 5 Live presenter Nihal Arthanayake's production team on 16 October 2023, criticising an X post the presenter had made in relation to the Hamas attacks.

Rick said he was "very shocked by the tone of the email, which was extremely critical of Nihal, whose actions Sean described as 'sociopathic'".

Rick then undertook a fact-finding investigation into the email and McGinty's social media activity and concluded there should be a formal disciplinary process.

The tribunal heard McGinty continued posting on X while he was signed off work, despite Rick asking him not to post anything inappropriate.

But in his witness statement, McGinty said his combination of ADHD and severe anxiety meant he "posted impulsively without thinking" and "could not stop posting even when asked".

In a disciplinary hearing on 20 June 2024, hearing manager Andrew Robson upheld six allegations against McGinty.

The allegations included misusing a BBC production distribution list, sharing sensitive company information externally by republishing an X post detailing an internal survey, and breaching the BBC's anti-bullying and harassment policy by commenting on or liking posts criticising BBC colleagues.

McGinty was also found to have breached the BBC's social media guidance and editorial guidelines with posts including one about Israel and "offensive language" aimed at Gary Neville.

As hearing manager, Robson also found McGinty had breached the BBC's values of "respect" and "trust" over posts criticising colleagues John Simpson, Justin Webb, Gary Lineker and others, as well as failing to follow a management request to remove social media posts.

Robson decided McGinty's conduct amounted to gross misconduct and terminated his employment on 25 July 2024.

Cross-examining Robson at the tribunal, McGinty asked him about an occupational health report dated 10 April 2024, which said McGinty's ADHD and anxiety "may sometimes make it challenging for him to consistently comply with strict procedures or rules".

Robson said he had not had access to this report at the time of the disciplinary hearing but was "still very comfortable" about his decision to dismiss McGinty "based on the sheer number of breaches".

Robson said McGinty could have mentioned his disabilities as being mitigation during the disciplinary hearing, but had not done so.

Rachel Gannon, a senior HR advisor in the BBC's Manager Advice team, provided advice to Rick and Robson regarding McGinty's cases.

In her evidence to the tribunal, she told McGinty she was aware of his ADHD and anxiety, because she had read his occupational health report, but had taken legal advice and was told it would "breach data protection" if she disclosed the medical report.

The tribunal continues.

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