Cunningham v BBC (2026): EAT Rules Employers Cannot Ignore Constructive Knowledge of Disability

@employmentlaw77

2h ago· 2 min readenNews

Summary

In Cunningham v BBC [2026] EAT 92, the Employment Appeal Tribunal ruled that employers cannot rely on the absence of a formal occupational health disability label to deny knowledge of an employee's disability when the broader information available to them suggests disability. The EAT overturned an earlier Employment Tribunal finding that the BBC did not know and could not reasonably have known the claimant was disabled, despite the claimant having disclosed type 2 diabetes and work-related fatigue, and having described the condition as a disability.

Source

bskyCunningham v BBC (2026): EAT Rules Employers Cannot Ignore Constructive Knowledge of Disabilitytheemploymentlawsolicitors.co.uk

Key quotes

· 3 pulled

In Cunningham v British Broadcasting Corporation [2026] EAT 92, the EAT held that an employer cannot rely on the absence of a clear occupational health label to deny knowledge of disability where the wider information points the other way.

This overturned the ET's finding that the BBC did not know, and could not reasonably have been expected to know, that the claimant was disabled.

The claimant had disclosed type 2 diabetes and work-related fatigue, described the condition as a disability, and received occupational health support.

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In Cunningham v British Broadcasting Corporation EAT 92, the EAT held that an employer cannot rely on the absence of a clear occupational health label to deny

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