British Broadcasting Corporation

Case Summary

The claimant, a BBC Scotland television announcer with type 2 diabetes causing exhaustion, appealed an ET decision dismissing her disability discrimination claims. The EAT found the ET erred in law by concluding the BBC lacked knowledge of her disability between June and November 2023, and by failing to properly assess whether excusing her from late shifts was a reasonable adjustment. The appeal was partially allowed, with the EAT allowing Ground 1 (knowledge of disability) and finding the BBC had or ought to have had knowledge of the claimant's disability.

The EAT found the ET was wrong in law because it failed to properly assess the BBC's actual knowledge (type 2 diabetes, fatigue, need for adjustments, description of condition as a disability) and failed to consider what reasonable enquiries the BBC should have made about whether the known impairment had long-term substantial adverse effects. The ET also erred by failing to assess the extent of disadvantage faced by the claimant in working late shifts before determining reasonableness of the proposed adjustment.

Use these claim-type pages to compare this decision with other published tribunal cases, outcome patterns, and visible award data.

• •Whether the BBC had actual or constructive knowledge of the claimant's disability under the Equality Act 2010
• •Whether the BBC failed to make reasonable adjustments in relation to shift work
• •Whether the claimant was discriminated against arising from disability in consequence of the disciplinary process

© EAT 2023 Judgment approved by the court for handing down Cunningham v British Broadcasting Corporation © EAT 2026 Page 1 [2026] EAT 92 Neutral Citation Number: [2026] EAT 92 Case No: EA-2024-SCO-000088-LP EMPLOYMENT APPEAL TRIBUNAL 52 Melville Street Edinburgh, EH3 7HF Date: 16 June 2026 Before: ANDREW BURNS KC DEPUTY JUDGE OF THE HIGH COURT Between: MARGUERITE ANDREA CUNNINGHAM Appellant - and – BRITISH BROADCASTING CORPORATION Respondent - - - - - - - - - - - - - - - - - - - - - The Appellant in person Rajiv Bhatt (instructed by BBC Legal Services) for the Respondent Hearing date: 7 May 2026 - - - - - - - - - - - - - - - - - - - - - JUDGMENT © EAT 2023 Judgment approved by the court for handing down Cunningham v British Broadcasting Corporation © EAT 2026 Page 2 [2026] EAT 92 SUMMARY This appeal concerns the approach of an employment tribunal in a disability discrimination claim to knowledge of disability and reasonable adjustments. The ET correctly recorded that the BBC received occupational health advice that the Claimant was disabled on 8 December 2023. The ET was wrong in law to find that the BBC was not and could not reasonably have been aware that the claimant was a disabled person between June and November 2023 by reason of the impairment of exhaustion arising from type 2 diabetes. The ET did not take into account the elements of the BBC’s actual knowledge together with it being clearly reasonable for the BBC to ask supplemental questions about disability. Any reasonable tribunal would find that the BBC knew or ought to have known that the Claimant was disabled at the relevant time. The ET also erred by failing to consider whether it was a reasonable adjustment to excuse the Claimant from the BBC Scotland Late shift and thereby give her a more consistent and stable rota during the day and early evening. In a reasonable adjustme…