Employment Appeal Tribunal Rules Against BBC in Disability Discrimination Case
The Employment Appeal Tribunal has found that the BBC failed to properly address disability knowledge and reasonable adjustments for a television announcer.
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EAT finds errors in BBC disability discrimination judgment
The Employment Appeal Tribunal (EAT) has delivered a significant ruling in the case of Cunningham v British Broadcasting Corporation, clarifying legal expectations regarding an employer's knowledge of disability and the duty to make reasonable adjustments.
Tribunal's findings on disability knowledge
The claimant, a television presentation announcer and director, had claimed disability discrimination after being disciplined for a broadcast error. The initial employment tribunal had concluded that the BBC was not and could not reasonably have been aware of her disability, which involved exhaustion linked to type 2 diabetes, between June and November 2023.
However, the EAT overturned this, ruling that the tribunal erred in law. The EAT noted that the BBC had actual knowledge of the impairment, the exhaustion it caused, and the fact that the employee was seeking accommodations. It held that any reasonable tribunal would have found the BBC knew, or ought to have known, that the claimant was disabled at the material time.
Failure to address reasonable adjustments
The appeal also successfully challenged the tribunal's assessment of reasonable adjustments. The claimant had sought to be excused from late shifts to provide a more stable rota. The EAT found the tribunal failed to properly engage with whether the refusal to remove her from the BBC Scotland late shift was reasonable, particularly given occupational health advice.
The EAT emphasised that, when assessing reasonable adjustments, a tribunal must first identify the nature and extent of the substantial disadvantage faced by the employee. It ruled that the initial tribunal failed to do this effectively, and the case has been remitted to a fresh tribunal for further consideration.
Outcome for the parties
While the EAT dismissed a separate ground of appeal regarding perversity, the overall decision highlights the critical importance of employers proactively investigating health concerns. By failing to recognise the cumulative evidence of the employee's condition, the BBC fell short of its legal obligations under the Equality Act 2010.
Read the entire judgment here: Cunningham v British Broadcasting Corporation [2026] EAT 92
