In the case of AECOM Ltd v Mallon the EAT recently held that requiring applications via an online application form put a candidate with dyspraxia at a substantial disadvantage and triggered the employer’s duty to make reasonable adjustments.

Instead of completing the online application form (which would have required him to create a username and password), the claimant in this case emailed his CV to the respondent’s HR team and requested that he make an oral application because he has dyspraxia. The respondent contacted the claimant by email, informing him that he needed to complete the online form and asking which parts of the form he was finding it difficult to complete. The claimant did not inform the respondent of the particular difficulties he faced due to his dyspraxia, namely difficulties creating a username and password.

The tribunal held that the respondent had sufficient knowledge of the disadvantage experienced by the claimant to mean that it was under a duty make reasonable adjustments. Although the respondent did not know of the claimant’s particular difficulties in creating a username and password, the tribunal held that it ought to have known this as a reasonable employer would have telephoned the claimant to ask for more details about the difficulties he was facing with the process. Given his difficulties with written communication, the tribunal held that it was not reasonable to expect him to explain these matters in an email. The EAT upheld these findings and remitted the case to the tribunal to determine whether the claimant was a genuine applicant for the role. The case is a useful reminder of the importance of identifying where recruitment processes need to be adapted for applicants with disabilities – this could become even more important where artificial intelligence (AI) tools are used as part of the selection process.