In person For the v Respondent — 2024

The claimant, Dr C Mallon, brought a disability discrimination claim against Cranfield Aerospace Solutions Ltd arising from the rejection of his May 2021 online application for a Chief Integration Engineer for Hydrogen Fuel Cell Systems role. The claim was originally framed as a failure to make reasonable adjustments, relying on a PCP relating to online applications. The respondent accepted the claimant was disabled but disputed substantial disadvantage and applied for strike out or a deposit order. The claimant later applied to amend to add direct discrimination, discrimination arising from disability, indirect discrimination, and an auxiliary aids claim.

Following a preliminary hearing on 5 February 2024, Employment Judge Hughes struck the claim out under Employment Tribunal Rule 37(1)(a) on the grounds that it had no reasonable prospect of success and was vexatious. The judge indicated she would have allowed the relabelling amendments (auxiliary aids and direct disability discrimination) but would have refused the amendments to add indirect discrimination and discrimination arising from disability, on the basis that they lacked detail, were prompted by the strike out application, and would widen the scope of the claim. The judge also found, on the limited financial information provided, that the claimant could have paid a modest deposit had one been ordered.

The judge referred the claimant to observations made by Judge Tayler in Mallon v AECOM Ltd EAT/175/20 about the importance of engaging genuinely with prospective employers and making realistic evaluations of the prospects of legal claims.