In the case of Mallon v AECOM Ltd an appeal was allowed against the ET’s decision striking out the Claimant’s claim of disability discrimination on the ground that it had no reasonable prospect of success.
The Claimant, who has dyspraxia, brought a claim against the Respondent of disability discrimination for failure to make reasonable adjustments to its job application process. The Claimant, a litigant in person, contended that the Respondent applied a provision, criterion or practice (PCP) by requiring submission of an online application form, which put him at a substantial disadvantage in comparison with a person who is not disabled. The ET considered that it was plain and obvious that the Claimant would be unable to maintain that there was a PCP, of an online form, applied by the Respondent that placed him at a substantial disadvantage, and it struck out the claim. The Claimant appealed.
The EAT held that the ET had erred in striking out the claim since, on the material that was before the ET and on the basis of the arguments advanced and the ET’s analysis of them, it could not properly be said that the claim had no reasonable prospect of success. Further, the EAT stated that the ET did not consider the possibility that this should be analysed as a third requirement (auxiliary aid) case; this claim was only considered as a first requirement (PCP) case. Accordingly, the matter would be remitted to a fresh ET for reconsideration.
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