Case 2411246/2023 · Employment Tribunal
Mr C Mallon v Surface Transforms plc — 2024
- Case reference
- 2411246/2023
- Decision date
- 30 October 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Buzzard
- Panel members
- Mrs M Legg, Ms C Smith
Parties
2 namedClaimant
Mr C Mallon
Respondent
Key findings
Tribunal's reasoningThe claimant brought claims of disability-related harassment and discrimination by failure to make reasonable adjustments. The reasonable adjustments claim concerned alleged PCPs about speakerphone use and recording an oral application process; the speakerphone PCP was withdrawn and dismissed when the claimant could not identify evidence that it existed or was applied to him.
The Tribunal found that the respondent had offered an adjustment by allowing the claimant to record and upload answers, and that this would have addressed the claimed difficulties if the claimant had engaged with it. It found any duty to make adjustments was fully met.
For harassment, the Tribunal accepted that the respondent's emails were unwanted conduct, but found they were not related to disability and did not have the purpose or effect required for harassment under section 26 of the Equality Act 2010. The harassment claim was dismissed.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | Claim for discrimination by failure to make reasonable adjustments. One alleged PCP concerning speakerphone use was withdrawn and dismissed; the remaining recording-related reasonable adjustments claim failed and was dismissed. | Dismissed | Disability | — |
| Harassment | Claim for disability-related harassment based on emails warning the claimant about repeatedly asking the same questions failed and was dismissed. | Dismissed | Disability | — |
Legal tests applied
5 references- section 20 Equality Act 2010
- section 26 Equality Act 2010
- section 136 Equality Act 2010
- Grant v HM Land Registry [2011] EWCA Civ 769
- Betsi Cadwaladr University Health Board v Hughes [2014] UKEAT/0179/13
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
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