A v BP Exploration Operating Company Limited — 2026

This preliminary hearing dealt with the claimant's application for anonymity and the issue of whether he was disabled at the relevant time. The underlying proceedings included claims of unfair dismissal, breach of contract, failure to pay holiday pay and disability discrimination, all denied by the respondent, but the Tribunal stated that this judgment was limited to disability status and did not decide knowledge of disability or the other substantive claims.

The Tribunal made an anonymity order limited to this disability hearing and any future reconsideration hearing dealing with disability. Applying Rule 49 of the Employment Tribunal Rules 2024 and balancing open justice against the claimant's Article 8 privacy rights, it found that the medical evidence was intrusive and that publication of the claimant's name would disclose private medical information, while limiting the order to this judgment reduced the effect on open justice.

On disability, the Tribunal found that the claimant's May 2023 hospital admission and early 2024 blood pressure episodes did not establish a disability at those times. It accepted that the position changed in April and May 2024, after continuing symptoms and the diagnosis of a brain aneurysm. The Tribunal accepted evidence that the claimant was extremely ill for months, was bedridden for a period, required nurse visits and a drug protocol, and had to avoid stress and limit ordinary activities including household tasks and helping children with homework.

The Tribunal held that from 15 May 2024 the claimant had a physical or mental impairment with a substantial and long-term adverse effect on normal day-to-day activities within the Equality Act 2010. It also found that medical treatment moderated the symptoms of high blood pressure and that, but for that treatment, substantial adverse effects would have continued. It followed that disability discrimination claims relating to alleged discrimination before 15 May 2024 had no prospect of success and should be dismissed. No remedy was awarded in this judgment.