Cases6009384/2024

Claimant v British Broadcasting Corporation

9 June 2025Before Employment Judge JoffeLondon Centralremote video

Outcome

Claimant fails

Individual claims

Discrimination Arising from Disability (s.15)(disability)failed

The tribunal found at a preliminary hearing that the claimant was not a disabled person as defined by section 6 Equality Act 2010 because of Autism Spectrum Disorder at the relevant times. This means the disability discrimination claim cannot succeed as the jurisdictional requirement of being a disabled person was not met.

Facts

The claimant AB brought disability discrimination claims against the BBC based on Autism Spectrum Disorder. A preliminary hearing was held to determine whether the claimant met the legal definition of disability under section 6 of the Equality Act 2010. Both parties were represented by counsel at the remote hearing.

Decision

The tribunal determined that at the relevant times, the claimant was not a disabled person as defined by section 6 Equality Act 2010 because of Autism Spectrum Disorder. This preliminary finding would prevent any disability discrimination claims from proceeding.

Practical note

A claimant must meet the statutory definition of disability under section 6 Equality Act 2010 before disability discrimination claims can succeed, and this threshold question can be determined at a preliminary hearing.

Legal authorities cited

Statutes

EqA 2010 s.6

Case details

Case number
6009384/2024
Decision date
9 June 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
media
Represented
Yes
Rep type
barrister

Claimant representation

Represented
Yes
Rep type
barrister