Aecom Limited v C Mallon

Aecom Limited v C Mallon

The Tribunal made a material perverse finding of fact regarding whether the claimant was a genuine applicant by incorrectly concluding the 2018 role was in a different team; otherwise, the Tribunal correctly applied the law regarding knowledge and reasonable enquiry, and its findings on the duty to make reasonable adjustments were not perverse.

Parties
Appellant: AECOM Limited; Respondent: Mr C Mallon
Jurisdiction
England and Wales
Judgment Date
28 April 2025
Procedural Posture
Appeal / Judgment on Appeal With Remittal
Outcome
Appeal allowed in part; case remitted to same Tribunal for reconsideration.
Legal Topics
Reasonable Adjustments, Constructive Knowledge, Perversity, Burden of Enquiry, Equality Act 2010
Employment Law Disability Discrimination Reasonable Adjustments Constructive Knowledge Perversity Burden of Enquiry Equality Act 2010

Case Brief

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Parties

AECOM Limited

Appellant

Mr C Mallon

Respondent

Procedural Posture

Appeal / Judgment on Appeal With Remittal

Legal Issues

  1. 1 Whether the Tribunal's finding that the claimant was a genuine applicant was perverse
  2. 2 Whether the respondent had actual or constructive knowledge of the claimant's substantial disadvantage
  3. 3 Whether the respondent was required to make reasonable enquiries into the claimant's disability

Ratio Decidendi

The Tribunal made a material perverse finding of fact regarding whether the claimant was a genuine applicant by incorrectly concluding the 2018 role was in a different team; otherwise, the Tribunal correctly applied the law regarding knowledge and reasonable enquiry, and its findings on the duty to make reasonable adjustments were not perverse.

Court Disposition

Appeal allowed in part; case remitted to same Tribunal for reconsideration.

Orders

  • Remit to same Tribunal panel to reconsider whether claimant was a genuine applicant for the 2018 role in light of appeal judgment.