12th September 2021 marks Disability Awareness Day – this day highlights what we can all do to support disabled people to live and work independently. Employers should be supportive and to make reasonable adjustments where necessary. Regardless of any awareness day, we all have a duty to assist when we can, anytime - any day.
Disability discrimination
In the case of Mallon v AECOM, AECOM failed to make reasonable adjustments to a disabled applicant.
Mallon had a disability – dyspraxia, a coordination movement condition. He made an online job application at AECOM. His dyspraxia condition made it difficult for him to complete his form. No reasonable adjustments were made for him which had a detrimental outcome to his application.
Aggrieved, Mallon made a disability discrimination claim again AECOM and Mallon won.
Originally at Employment tribunal, his case was dismissed without a full hearing as the claim was seen as having no reasonable prospect of success. He was asked a series of questions by the panel about what support he had sought for himself, for example could his wife or friends help him to complete the application? Did he make an attempt to get in contact with the Job Centre and ask for assistance? Mallon stated he was embarrassed to have his friends support and his wife was not his carer. Going to the Job Centre would take too much time. The case was exasperated and then struck out.
Mallon pursued his case through to the appeal stage (EAT). The EAT examined the facts and concluded AECOM was wrong not to support disabled applicants at the initial stage of recruitment and confirmed that it is the employers’ responsibility to make reasonable adjustments for any disabled job applicant. The applicant should not rely on their own personal support group –as it is the duty of the Employer to provide the support at the initial stage of employment.
It was concluded that all Employers should be flexible and must ask the question ‘what is the best way for us to support you in your application?’
The article is for general information purposes only and should you require any further assistance on the matter please do not hesitate to call our advice-line team on 01455 852028.
