In the case of Mallon v Aecom Ltd, the Employment Appeal Tribunal was required to delve into the Equality Act 2010 and rule on the case of a job applicant with dyspraxia who claimed there had been failure to make reasonable adjustments for his disability when completing his online application. He said he was at a substantial disadvantage when applying online compared to someone without his neurological disorder – citing difficulty in registering online, having to use a password and dealing with drop-down menus.
The case was at first struck out by the Employment Tribunal on the grounds that the claimant wouldn’t be able to demonstrate that the provision, criteria or practice (PCP) in applying online put him at a substantial disadvantage, and there was therefore little chance of success. The question for the Employment Appeal Tribunal (EAT) was, should this have been an auxiliary aids case as defined by the second and third requirements of section 20 of the Equality Act 2010.
The EAT ultimately upheld the claimant’s appeal and ruled that there was sufficient merit to proceed but that did not mean the claim would be successful. Should you need advice on how to make your recruitment process equal opportunity friendly, come speak to one of our employment lawyers.