Sean Mcginty Bbc Sacking tribunal loss upholds dismissal

Sean McGinty lost his employment tribunal over the sean mcginty sacking, after the former journalist was dismissed for social media posts and an email to a Radio 5 Live production team. The tribunal found his unfair dismissal and disability discrimination claims were not well-founded.

McGinty worked for Radio Lancashire for 22 years, from 2002 to 2024, in roles including presenter and producer. He was dismissed for gross misconduct on 25 July 2024 after activity on X was deemed to have breached the corporation's guidelines.

McGinty's X Posts

The tribunal heard that McGinty made numerous posts on X about transgender issues and Hamas. It found the dismissal was reasonable because of the organisation's impartiality rules, and said the could not have contentious and sensitive biased posts made public by a journalist who would continue to do so into the future because he was not accepting he was wrong, strongly holding personal views that overrode the 's restrictions on journalists.

McGinty had been warned he was breaching the 's guidelines, but he continued posting while he was off work. He was signed off in March 2023 with severe anxiety, then again in November 2023 after two mental health breakdowns.

Employment Judge Dawn Shotter

In a written judgement approved by Employment Judge Dawn Shotter, the tribunal said there was no causal connection between his disability and the gross misconduct Mr McGinty was accused of. It also dismissed his claim that the failed to provide support and adjustments when he returned to work.

McGinty brought the case under the Equality Act 2010, alleging unfair dismissal and two disability discrimination claims. The tribunal found those claims were not well-founded, even though it also found an occupational health report detailing his ADHD diagnosis should have been disclosed by HR to hearing manager Andrew Robson before a disciplinary hearing on 20 June 2024.

David Attfield Appeal

The panel said a later appeal hearing, led by appeal hearing manager and legal director David Attfield, made good the procedural unfairness tied to the ADHD diagnosis and occupational health report. The also dismissed McGinty over an email he sent to the production team of a Radio 5 Live presenter, in which he accused a colleague of sociopathic behaviour.

For McGinty, the ruling leaves the dismissal in place and closes the discrimination claims he had brought over his treatment at work. The case turned on conduct the tribunal linked to editorial impartiality, not on his diagnosis, and that was the point that carried the day.