Sacked BBC presenter loses discrimination claim after labelling fellow host Nihal Arthanayake ‘sociopathic’
A long-serving BBC presenter has lost an unfair dismissal case after he was sacked for branding a fellow presenter a ‘sociopathic’ over comments about Hamas.
Sean McGinty, who worked at BBC Radio Lancashire for more than 20 years, was dismissed following posts on channel X criticizing the BBC’s coverage of the war in the Middle East following Hamas’ attack on Israel on 7 October 2023.
He has also made comments about transgender people, in a post referencing the ‘cunning of the Jews’ and claiming he was ‘destroying local radio’ after being appointed to a new role at BBC Sounds, the BBC’s audio streaming service.
McGinty later emailed BBC 5 Live presenter Nihal Arthanayake, calling him ‘sociopathic’ after suggesting people watch a documentary and read a book to ‘understand the context of the horror’ of the conflict.
Referring to Hamas as a ‘killer bitch’ in his email, Mr McGinty said: ‘It’s sociopathic that you suggest everyone should read books to look for context… I’m not looking for context to find disgusting excuses for people.
‘That said, I look forward to your book recommendations that provide context and understanding of Lucy Letby, Harold Shipman and the Yorkshire Ripper.’
Mr Arthanayake, who has since left the BBC, was to describe the broadcaster as ‘overwhelmingly white’ at a journalism diversity conference a few weeks later.
Mr McGinty was sacked by the BBC for gross misconduct after allegedly breaching the company’s social media rules.
He tried to claim his behavior was due to a combination of ADHD and anxiety when appealing his dismissal at the employment tribunal, but his case was dismissed by a judge.
BBC Lancashire correspondent Sean McGinty (pictured) was sacked by the BBC after tweets about Gaza and transgender people that breached social media rules
He had also sent an email to the then BBC 5 Live presenter Nihal Arthanayake, calling him a “sociopath” for his social media comments about the October 7 attacks.
Labor Judge Dawn Shotter’s written decision concluded that ‘there was no causal link between his disability and the gross misconduct for which Mr McGinty was accused’.
EJ Shotter wrote that the dismissal was particularly plausible because of the ‘rules of impartiality’ to which BBC employees adhered.
‘ [BBC] “A journalist who would continue to do so in the future because he did not admit that he was wrong could not be allowed to make his controversial, sensitive and biased posts public,” he said.
Mr McGinty worked as a broadcast journalist, presenter and producer for BBC Radio Lancashire from September 2006, for a total of 22 years as a reporter.
It was learned that he did not tell one of his bosses about his ADHD diagnosis.
The court heard the BBC’s social media rules prohibited journalists from supporting political parties and sharing views on ‘controversial issues’.
But Mr McGinty continued to post about the conflict in Gaza and views described as ‘anti-trans’, eventually attracting the attention of BBC bosses who asked him to remove them.
‘I’m sorry for everything you said [I] Mr McGinty told executives at an inquiry meeting, adding that he felt “under great stress and anxiety because BBC bosses are again attacking me when the issue is talent”.
Following this meeting, Mr McGinty continued to share his views on Hamas, trans people and his new role at the BBC, before going on long-term sick leave from which he will not return until 29 November 2023.
The court heard requests from BBC bosses for her tweets to be deleted, as she continued to share her “anti-trans sentiments” on X while on leave, writing: “Once again I am deleting the tweets” and “Once again I am sharing the facts”.
Mr McGinty worked at BBC Radio Lancashire for more than 20 years (pictured: station building in Blackburn)
In April 2024, he contacted his boss and told him about his ADHD diagnosis; which led to an occupational health report stating he was unfit for work; but there was no connection between his condition and his disposition to serve in X.
He was later brought before a disciplinary hearing due to his dismissal for gross misconduct.
During the hearing he posted on X saying: ‘I am about to be sacked by the BBC for gross misconduct for stating biological and journalistic facts.’
Asked about a blog he had written about transgender people, HR manager Andrew Robson said: ‘What has changed at the BBC is that it seems to have accepted men being women and women being men. It does not allow other views to be published.’
Mr McGinty later appealed the decision, saying his behavior had changed due to his mental health condition, but this was unsuccessful.
The Employment Tribunal in Liverpool later dismissed his claims of discrimination, failure to make appropriate arrangements and unfair dismissal.
Labor Judge Dawn Shotter said: ‘The court found on the balance of probabilities [the BBC] otherwise he acted procedurally fairly and the dismissal fell well within the range of reasonable responses.’
