The Claimant has dyspraxia. He contended that he required a reasonable adjustment to make a job application to the Respondent orally, rather than online. The Respondent sought strike out or a deposit order. For the purposes of the strike out application it was accepted that a PCP was applied of requiring an online application. The claim was struck out on the basis that the Claimant would not be able to establish that the application of the PCP placed him at a substantial disadvantage in comparison with people who are not disabled. Having regard to the definition of substantial, being more than minor or trivial, the Employment Judge erred in law in striking out the case on the basis of the material put before him, the arguments advanced and his analysis.
It is important in considering reasonable adjustment claims, to consider the possibility that the case is about physical features (which includes furniture) or auxiliary aids (which include services). No consideration was given to whether this case should be analysed as an auxiliary service claim.
Citations:
[2021] UKEAT 0175 – 20 – 2002
Links:
Jurisdiction:
England and Wales
Employment, Discrimination
Updated: 30 November 2022; Ref: scu.661698
