Cases3312676/2020

Claimant v British Airways Plc

5 April 2024Before Employment Judge Gumbiti-ZimutoReadingin person

Outcome

Claimant fails

Individual claims

Direct Discrimination(disability)failed

The tribunal found the complaint of direct discrimination not well founded after hearing evidence over three days. The reasons were given orally at the hearing.

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

The tribunal found the complaint of discrimination arising from disability not well founded after hearing evidence. The detailed reasons were provided orally at the conclusion of the hearing.

Failure to Make Reasonable Adjustments(disability)failed

The tribunal found the complaint regarding failure to make reasonable adjustments not well founded after hearing the evidence and considering the arguments over the three-day hearing.

Indirect Discrimination(disability)failed

The tribunal found the complaint of indirect discrimination not well founded. The tribunal gave oral reasons at the hearing explaining why this complaint was dismissed.

Facts

Mrs Bodimeade brought disability discrimination claims against British Airways. The case was heard over three days before a full tribunal panel. There was a preliminary time limit issue which the tribunal resolved in the claimant's favour, finding it just and equitable to extend time. The claimant represented herself while British Airways was represented by counsel.

Decision

The tribunal dismissed all of Mrs Bodimeade's disability discrimination claims, finding them not well founded. The claims included direct discrimination, discrimination arising from disability, failure to make reasonable adjustments, and indirect discrimination. The tribunal gave detailed oral reasons at the hearing.

Practical note

Even where time limits are extended on just and equitable grounds, a claimant must still prove the substantive merits of disability discrimination claims, and self-representation against a legally represented employer presents significant challenges.

Case details

Case number
3312676/2020
Decision date
5 April 2024
Hearing type
full merits
Hearing days
3
Classification
contested

Respondent

Sector
transport
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No