British Broadcasting Corporation

Case Summary

The claimant, a BBC journalist with ADHD and anxiety, was dismissed for gross misconduct relating to breaches of social media policy, editorial guidelines, and BBC values including misuse of distribution lists and inappropriate blog posts. The tribunal found the dismissal was fair, the disability discrimination claim was not well-founded, and the respondent did not fail in its duty to make reasonable adjustments.

The tribunal found the respondent had reasonable grounds for belief in the misconduct (breach of social media policy, editorial guidelines, and BBC values), carried out a reasonable investigation, followed fair procedures, and the dismissal was within the band of reasonable responses. The tribunal also found the claimant had not proven facts from which disability discrimination could be inferred, and the respondent's reason for dismissal was not influenced by the claimant's disability. The respondent had also implemented occupational health recommendations and made appropriate adjustments.

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• •Whether claimant was unfairly dismissed for gross misconduct
• •Whether dismissal constituted discrimination arising from disability under section 15 of the Equality Act 2010
• •Whether respondent failed to make reasonable adjustments under sections 20-21 of the Equality Act 2010
• •Time limits for discrimination complaints
• •Claimant's ADHD and anxiety as disabilities

The full source document is available from the official publication page.