A v British Broadcasting Corporation

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4106963/2023 5 Held in Glasgow via Cloud Video Platform (CVP) on 15 February & 27 March 2024 Employment Judge McManus 10 “A” Claimant Represented by: Ms R Owusu-Agyei - Counsel (Instructed by Prospect) 15 British Broadcasting Corporation Respondent Represented by: Mr R Bhatt - Counsel 20 (Instructed by BBC Legal)

JUDGMENT OF THE EMPLOYMENT TRIBUNAL The judgment of the Tribunal is the claimant has the protected characteristic of disability under section 6 of the Equality Act 2010.

25 REASONS Introduction

1. The claim is for unlawful discrimination on the basis of the claimant having the protected characteristic of disability. At this Preliminary Hearing (‘PH’) I required to determine whether, in the relevant period, the claimant had the 30 protected characteristic of disability in terms of section 6 the Equality Act 2010, in respect of the effects of the impairment of Type 2 Diabetes.

2. This PH commenced at a hearing on 15 February 2024 (‘the February PH’). For reasons set out below, that PH was continued to 27 March 2024 (‘the March PH’). My initial decision was issued orally, with reasons, at the 4106963/2023 Page 2 conclusion of the March PH. That decision was that the claimant did not have disability status. Separately, for reasons given orally and now referred to below...