AECOM Ltd v Mallon: Lessons on Disability Discrimination and Recruitment for UK Employers

Recruitment is often the first real test of an employer’s commitment to inclusion. The case of AECOM Ltd v Mallon [2023] EAT 104 shows how a seemingly straightforward online application process can unintentionally exclude a candidate with a disability. It also highlights why UK SMEs and HR professionals must take proactive steps to remove barriers and ensure recruitment is accessible to all.

 

Background

Mr Mallon, who has dyspraxia, wanted to apply for a role at AECOM Ltd, a large professional services company. Dyspraxia, also known as developmental coordination disorder, can affect organisation, planning, and written communication. For Mr Mallon, completing complex online forms was a particular challenge.

AECOM’s recruitment process required candidates to complete an online application form. Instead of attempting it, Mr Mallon emailed AECOM to explain his disability and requested to apply by sending in his CV. This was a practical way for him to engage with the process without being disadvantaged by his condition.

AECOM replied, asking him to specify which parts of the online form were difficult. Mr Mallon did not provide more detail, but repeated his request to apply by CV. At that point, AECOM did not take the matter further and his application went no further.

Mr Mallon claimed disability discrimination under the Equality Act 2010, arguing that AECOM had failed to make reasonable adjustments to its recruitment process.

 

Employment Tribunal Decision

The Employment Tribunal (ET) upheld Mr Mallon’s claim. It found that AECOM had failed in its duty to make reasonable adjustments.

The Tribunal explained that once an employer knows about a candidate’s disability, the duty to consider adjustments is triggered. The responsibility does not sit solely with the individual to explain exactly what support they need.

In this case, the ET noted that a simple phone call to discuss Mr Mallon’s difficulties would have been a reasonable step. This would have allowed AECOM to understand the disadvantage caused by its online form and consider how best to accommodate him.

 

Employment Appeal Tribunal Decision

AECOM appealed the decision, but the Employment Appeal Tribunal (EAT) dismissed the appeal and upheld the original ruling.

The EAT confirmed that:

• Knowledge of disability is enough: Once an employer knows about a disability, they cannot wait for the candidate to provide precise details before considering adjustments.
• Reasonable steps are expected: Employers must be proactive in understanding barriers and working to remove them.
• Simple solutions count: Accepting a CV or arranging a phone call would have been straightforward and proportionate adjustments.

The EAT also emphasised that candidates do not need to use formal or legalistic language such as “reasonable adjustment request.” Simply flagging that a disability is creating a difficulty is sufficient to put employers on notice.

 

Key Lessons for Employers and SMEs

This case carries important lessons for HR professionals and SMEs across the UK.

Be proactive

Once you know a candidate has a disability, the duty to consider adjustments applies. Waiting passively for someone to provide technical detail is not enough. A short conversation, ideally by phone or video call, can clarify what is needed and show that you are taking the matter seriously.

 

Build flexibility into recruitment

Rigid processes can unintentionally exclude good people. Online forms are efficient for employers, but they are not always accessible. Offering alternative routes — such as accepting a CV, arranging a structured phone interview, or allowing candidates to submit information in a different format — can open the door to more diverse talent without undermining your process.

 

Communication matters

Not every candidate can easily explain their needs in writing. Conditions like dyspraxia, dyslexia or certain mental health issues can make written communication harder. For these candidates, email exchanges may not work. Picking up the phone is often the quickest, simplest, and most inclusive way forward.

 

Don’t wait for formality

Applicants do not need to use technical language or cite the Equality Act to trigger your duty. Any indication that a disability is causing difficulty should prompt action. Employers who ignore informal requests risk both legal claims and reputational damage.

 

Train your hiring managers

Policies alone aren’t enough if the people carrying out recruitment don’t understand their responsibilities. Hiring managers should be trained to spot when a candidate may be signalling a difficulty, even if it’s not described in legal terms. Practical training helps managers know when to escalate, how to respond with empathy, and what simple adjustments can look like in practice. This not only reduces legal risk but also creates a more consistent and inclusive candidate experience.

 

Keep records of your approach

Good practice is not just about what you do, but also about what you can show. Keeping notes of conversations, adjustments considered, and steps taken demonstrates that you have engaged constructively. If a dispute arises, this evidence can be crucial.

 

Conclusion

The AECOM Ltd v Mallon case is a timely reminder that inclusivity starts at the recruitment stage. For UK SMEs and HR professionals, the message is clear: once you are aware of a disability, you must take active steps to explore and implement adjustments.

Recruitment processes should not only meet business needs but also give every candidate a fair opportunity. By being flexible, proactive, and open in communication, employers can reduce legal risk while creating a more inclusive workplace.

In practice, this means reviewing application processes, ensuring they are accessible, and being ready to adapt when a candidate raises a concern. For SMEs in particular, where resources may be limited, the good news is that adjustments are often simple, low-cost, and highly effective. Sometimes, all it takes is a phone call.