Serial Job Applicant Who ‘Won’ £35K in Disability Claims Admits to Using AI for More Claims

A serial job applicant will move forward with his claim after the company he accused of disability discrimination failed in its attempt to have the case struck out. Although the tribunal accepted he had a history of litigation, they didn’t believe this prevented his claim from proceeding. Read on as we examine the facts of the case.

We will explore why the accused company labelled the claimant a “serial litigant” and discuss the key elements of an employer’s reasonable adjustments policy, which is crucial to this case.

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Serial Job Applicant Makes Fresh Claim

Dr Christian Mallon (“The Claimant”) has been allowed to proceed with his disability discrimination case against West Midlands Growth Company Limited (“The Respondent”) after the company failed to have it thrown out by an employment tribunal. The workplace discrimination claims, which include a failure to make reasonable adjustments and victimisation, arose after the claimant had applied for one of the respondent’s advertised jobs.

Having autism, ADHD and dyspraxia, the claimant explained how he was unable to tailor his CV for specific roles. As a result, when he applied for the position, he provided a generic CV despite believing his experience and skills were highly relevant.

The claimant initially emailed about the role in September 2023, chasing the respondent’s HR in October. He followed up with several email enquiries about the application process, eventually complaining about the lack of correspondence.

At this point, he allowed an AI tool to analyse his email trails. He uploaded his correspondence to the technology, which revealed the company’s poor communication and failure to accommodate his requests could amount to an Equality Act 2010 breach.

Subsequently, the claimant sent a further email titled “Formal Complaint Regarding Potential Discrimination in Job Application Process”. He then initiated employment tribunal proceedings in December, claiming discrimination against his disability.

Disability Discrimination Claim Survives Strike Out

After the claims were brought, the respondent applied to have them struck out. They also requested deposit orders of £1,000 for each claim. They argued that the claimant was a serial job applicant who was exploiting the system.

The respondent said, “The claimant is a very experienced serial litigant who has brought many, many claims which follow the same pattern…” They added, “He is unrealistic in applying for roles for which he has no relevant experience”. In their view, he was more concerned with improving his chances of a successful claim than securing employment.

However, while the tribunal acknowledged the claimant’s pattern of litigation, they allowed the case to proceed. They said, “The power to strike out a claim is a draconian measure, and great care is to be taken in deciding whether to exercise it and, if so, to what extent”. In their conclusions, they couldn’t determine whether or not the claim has a reasonable prospect of success, meaning it will proceed to a full hearing.

Who is Dr Christian Mallon, the Serial Job Applicant?

In the respondent’s application to have the claimant’s case thrown out, they asserted that Dr Mallon was a “serial litigant”. While this didn’t help stop the claim from proceeding, their statement about the claimant’s history wasn’t untrue.

Since 2019, Dr Mallon has applied for roughly 4,600 jobs and initiated over 60 legal claims. He has only succeeded once in court, being awarded £2,700 in compensation; however, he’s also won £35,000 in settlement agreements.

Like his current claim, the serial job applicant has previously applied for positions where he demands a call to discuss the application and requests detailed, role-specific information. Should the employer fail to meet his requests, he then initiates employment tribunal proceedings. His claims include disability discrimination, victimisation at work, and failure to make reasonable adjustments.

Typically, cases considered unlikely to succeed require claimants to pay a deposit to proceed. However, following advice from the Citizens Advice Bureau, the claimant has never complied with such orders. Consequently, any of his claims deemed unlikely to succeed are withdrawn, resulting in wasted legal costs and time for the defending companies.

While the claimant has faced accusations of making a “career” out of suing employers, he firmly denies these claims. He asserts that he simply wants to prevent other autistic candidates from experiencing similar misconduct.

Reasonable Adjustments in Recruitment – Key Considerations for Employers

A crucial element of the claims raised by the serial job applicant is a failure to make reasonable adjustments. Under the Equality Act 2010, employers must make adjustments deemed reasonable to ensure that individuals with an eligible disability aren’t put at a substantial disadvantage compared with their non-disabled comparators. To ensure employers don’t breach this obligation during recruitment, key considerations they must keep in mind include:

  • Understanding Applicants Needs – When applicants make requests, employers must take them seriously. In Dr Mallon’s only successful tribunal claim, the employer was found to have failed to accommodate his request to apply orally. 
  • Tailoring the Process – Building on the above, once employers understand the needs of applicants, they must tailor their recruitment process accordingly. It will be up to employers to determine whether the requests are reasonable, taking into account factors like practicality and cost. With the above example, offering an alternative application method like a telephone interview could resolve the problem.
  • Avoiding Assumptions – Whether consciously or subconsciously, making assumptions about an individual’s circumstances can be too easy. Employers must be aware of this, open-minded, and willing to accommodate applicants’ needs. 
  • Clear Communication – By communicating effectively, employers can ensure that candidates receive appropriate adjustments and feel valued. In the current claim involving West Midlands Growth Company Limited, Dr Mallon argues this wasn’t the case. To avoid similar claims, employers must ensure they don’t ignore correspondence from applicants.

Claim with Redmans Solicitors

Employers who fail to comply with their legal obligation to provide reasonable adjustments may be open to employment tribunal claims. If you believe an employer failed to provide such adjustments or think you’ve faced disability discrimination at work, contact Redmans Solicitors.

We are experts in the employment law sector, and following a quick chat, we can advise on your possible next steps. Should you have an eligible claim, we can help navigate you through the legal process to ensure you reach an optimal outcome.

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