Duty to make Enquiries into the Effects of Job Applicant’s Disability

In AECOM Ltd v Mallon, EAT [2023] 104, the EAT upheld an employment tribunal finding that an employer’s requirement to complete an online application form put a job applicant with dyspraxia at a substantial disadvantage, thereby triggering the duty to make reasonable adjustments.

Mallon, who had dyspraxia, applied for a consultant role with AECOM Ltd. The application process required job applicants to complete a short online form. Mallon emailed his CV to the HR department instead and asked for an oral application because of his disability. Email correspondence ensued, with the employer informing Mallon that he had to complete the online application form.

The employment tribunal and EAT agreed that a reasonable employer, when faced with an individual with dyspraxia asking for an adjustment to avoid filling in an online form would have telephoned that individual to ask for more details about his disability rather than engaging in further written communication.

Accordingly, AECOM Ltd was fixed with constructive knowledge of Mallon’s disability and the substantial disadvantage he faced and had failed to make reasonable adjustments for it.

The case was remitted to the tribunal for reconsideration of a different point.

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Authors

Daniel Hobbs

Call 1998

Related areas

Employment

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