BBC journalist who criticised refusal to call Hamas ‘terrorists’ loses tribunal challenge

A former BBC radio presenter who publicly criticised the broadcaster’s refusal to describe Hamas as terrorists has lost his tribunal challenge against his dismissal.

Sean McGinty, who worked at BBC Radio Lancashire for 22 years, was sacked for gross misconduct after a series of social media posts and emails sent in the aftermath of Hamas’s 7 October massacre in Israel.

The case centred on comments McGinty made criticising the BBC’s long-standing policy of not routinely referring to Hamas as a terrorist organisation, despite the group being proscribed in the UK.

In one post, he accused the corporation of having a “fear of the word terrorist” and described Hamas as a “terrorist organisation” responsible for “sadistic killings”.

“That’s the word any decent person would use who’s bothered to look at the evidence,” he wrote.

The tribunal heard that McGinty also shared and “liked” posts critical of the BBC and several of its journalists following the attacks.

He was additionally investigated over an email sent to broadcaster Nihal Arthanayake after the former BBC 5 Live presenter suggested books and documentaries that could help people understand the wider context of the conflict.

In the email, McGinty wrote: “It is remarkable that you have the hubris to instruct me to read a book so I can find out why these animals are such murderous b*****ds… These are actions of evil monsters… It’s sociopathic of you to suggest anyone should read a book to seek context.”

He went on to compare the suggestion to seeking explanations for the crimes of serial killer Harold Shipman, child murderer Lucy Letby and the Yorkshire Ripper.

The BBC said McGinty’s actions breached its social media and impartiality rules, which prohibit journalists from publicly expressing views that could undermine the corporation’s neutrality.

Following an internal investigation, he was dismissed in July 2024. An appeal against the decision was later rejected.

McGinty subsequently brought claims for unfair dismissal, disability discrimination and failure to make reasonable adjustments, arguing that his ADHD and severe anxiety had contributed to his conduct.

However, the employment tribunal dismissed all of his claims.

In its judgment, the tribunal found there was “no causal connection between his disability and the gross misconduct Mr McGinty was accused of”.

The ruling also concluded that the BBC had acted reasonably in dismissing him because of its impartiality obligations.

The tribunal said the broadcaster “could not have contentious and sensitive biased posts made public by a journalist who would continue to do so in the future because he was not accepting he was wrong”.

Employment Judge Dawn Shotter said McGinty was entitled to hold personal views, but had breached the standards expected of BBC journalists by expressing them publicly.

“The problem for (Mr McGinty) was communicating his views to the wider public in breach of fundamental constraints imposed on him given the fact he was employed as a journalist,” she said.

The dispute arose from the BBC’s editorial policy of not routinely describing Hamas as a terrorist organisation in its reporting, despite the group being proscribed in the UK.