IS NEPOTISM A FORM OF DISCRIMINATION ON THE GROUNDS OF BIRTH?

It appears that a person who has been turned down for employment on the grounds of nepotism will not be aided by the courts. However, birth is one of the grounds listed for unfair discrimination in section 6 of the EEA. As such, could a job applicant who has been rejected because he was not a family member succeed with a dispute on the grounds of unfair birth discrimination by arguing that he was rejected because he was not born into the employer’s family?