In a recent development, a British-Indian actress, Eva Rae, saw her £200,000 harassment and discrimination claim against the British Academy of Film and Television Arts (BAFTA) dismissed by a judge due to a filing error. The claim, brought under the Equality Act 2010, alleged mistreatment and victimization during BAFTA’s Elevate program, aimed at promoting diversity in the film and television industry.
Rae, who identifies as a British-Asian female of Indian origin and has learning disabilities, contended that her needs were disregarded by Bafta, resulting in missed opportunities within the program. She claimed a casting director at a 2020 Elevate event made derogatory remarks, stating she was ‘exotic’ and needed ‘accent and speech lessons.’
BAFTA vehemently denied the allegations, asserting that an independent investigation by a barrister found no merit in Rae’s claims. The investigation concluded that the casting director had not made racist comments, and Rae was not discriminated against, bullied, or silenced during the Elevate program. It further stated that BAFTA’s senior staff did not cover up any misconduct.
At a hearing in London, Judge Murray Shanks ruled that Rae’s claim should have been pursued in the county court, citing the High Court’s lack of jurisdiction for her type of claim. He ordered Rae to pay £8,000 of BAFTA’s legal costs, expressing regret that the case did not proceed to a hearing of its merits.
Despite the setback, Monique Bouffe, representing Rae, highlighted the significant public interest in the case, emphasizing its potential implications for the television and media industry in the UK. Bouffe apologized for the filing error and proposed transferring the case to the county court as a proportionate response.
Bafta’s representative, Celia Rooney, maintained that the claim should have been brought in the county court and supported the decision to strike it out. Judge Shanks acknowledged the unfortunate outcome for Rae, suggesting that she might be able to revive her case in the county court.
This dismissal comes amid ongoing scrutiny of BAFTA for equality and diversity issues, with the organization facing criticism in recent years. The case underscores the challenges and complexities surrounding discrimination claims within the arts industry, prompting renewed discussions on the need for robust mechanisms to address such allegations.
