Claimant v British Broadcasting Corporation
Outcome
Individual claims
The tribunal dismissed the constructive unfair dismissal claim after a full merits hearing. The tribunal found against the claimant's assertion that the respondent's conduct amounted to a fundamental breach of contract entitling him to resign and claim constructive dismissal.
The tribunal dismissed the claim for discrimination arising from disability under s.15 of the Equality Act 2010. The tribunal determined that the treatment complained of was not because of something arising in consequence of the claimant's disability, or that such treatment was not a proportionate means of achieving a legitimate aim.
The tribunal dismissed the reasonable adjustments claim under ss.20 and 21 of the Equality Act 2010. The tribunal found either that the claimant was not placed at a substantial disadvantage by the respondent's provision, criterion or practice, or that the proposed adjustments were not reasonable, or that appropriate adjustments had already been made.
The tribunal dismissed the harassment claim under s.26 of the Equality Act 2010. The tribunal found that the conduct complained of was not related to the claimant's disability, or did not have the purpose or effect of violating his dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for him.
The tribunal dismissed the victimisation claim under s.27 of the Equality Act 2010. The tribunal found that the claimant had not done a protected act, or that he was not subjected to a detriment because he had done a protected act.
Facts
Mr Heerlyn brought claims against the BBC including constructive dismissal and multiple disability discrimination claims under the Equality Act 2010. The case was heard over five days in Inverness before a full tribunal panel. Mr Heerlyn represented himself while the BBC was represented by an advocate instructed by a solicitor. Oral reasons were given at the close of the hearing.
Decision
The tribunal unanimously dismissed all of Mr Heerlyn's claims including constructive unfair dismissal, discrimination arising from disability, failure to make reasonable adjustments, harassment related to disability, and victimisation. The tribunal found that none of the claims were established on the facts and law.
Practical note
A self-represented claimant bringing multiple disability discrimination claims against a major public broadcaster failed on all grounds after a full five-day merits hearing before a Scottish tribunal.
Legal authorities cited
Statutes
Case details
- Case number
- 8000931/2024
- Decision date
- 12 September 2025
- Hearing type
- full merits
- Hearing days
- 5
- Classification
- contested
Respondent
- Sector
- media
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No