Disability Discrimination: Neurodiversity

• Published date: 16 October 2023
• Subject Matter: Employment and HR, Discrimination, Disability & Sexual Harassment
• Law Firm: L&E Global
• Author: Ms Frances Ross (Clyde & Co) and Corinna Harris (Clyde & Co)

AECOM's recruitment process requires candidates to create a login to complete an online application form. Mr. Mallon, who has dyspraxia, emailed AECOM attaching his CV and some general information about dyspraxia, and asked to make an oral application instead, on account of his disability. AECOM made repeated requests for him to explain his difficulties with the online process by email, but he failed to respond. When he was unsuccessful in his job application, he brought a claim for failure to make reasonable adjustments for his disability. AECOM argued that the duty to make reasonable adjustments was not engaged because he had failed to explain his specific difficulties, despite their repeated requests.

The tribunal upheld Mr. Mallon's claim, finding that AECOM had constructive knowledge of the effects of Mr. Mallon's disability, despite his failure to provide a full account, and they knew that he had difficulty completing the online application. Given his disability, it was not reasonable to expect Mr. Mallon to explain these difficulties in a written communication, and the tribunal stated that AECOM should have...