Cases8001868/2024

Claimant v The Co-operative Group Limited

18 September 2025Before Employment Judge R McPhersonScotlandhybrid

Outcome

Claimant fails

Individual claims

Direct Discrimination(disability)failed

The tribunal found the respondent did not treat the claimant less favourably than hypothetical non-disabled comparators by failing to offer her interviews for four roles. The decisions not to interview were based on the claimant's CV not clearly demonstrating the technical skills required (particularly Excel proficiency and SAP experience), not because she was autistic. Her CV was generic and not tailored to each role's specific requirements.

Failure to Make Reasonable Adjustments(disability)failed

The tribunal concluded the respondent did not have a PCP of providing no opportunity for follow-up discussion after the redundancy announcement, as the claimant was offered and attended one-to-one meetings with her consultation manager. Additionally, the respondent did not know and could not reasonably have been expected to know the claimant was disabled at the time of the redundancy announcement (5 June 2024), as she only disclosed her autism diagnosis in her CV submitted on 26 June 2024.

Indirect Discrimination(sex)failed

While the tribunal accepted there was a PCP that interviewees should provide examples of relevant experience within the last two years, the respondent did not apply this PCP to the claimant. The hiring manager for the Space Insight Analyst role accepted the claimant's older examples and described them as 'great examples from the past' without requesting more recent ones.

Facts

The claimant, a part-time Member Pioneer diagnosed with autism in February 2024, was made redundant in June 2024. She applied for five internal roles using a generic CV that mentioned her autism but did not tailor the CV to demonstrate specific technical skills required for each role (particularly Excel and SAP). She was rejected for four roles without interview and unsuccessful after interview for the fifth role. The claimant alleged the respondent discriminated against her because of her disability, failed to make reasonable adjustments, and applied an indirectly discriminatory PCP regarding recent work experience.

Decision

The tribunal dismissed all claims. The claimant was not treated less favourably because of disability — her rejections were due to her CV not clearly demonstrating required technical competencies. The respondent did not fail to make reasonable adjustments as they provided follow-up consultation meetings after the redundancy announcement, and did not know of her disability until she disclosed it in her CV on 26 June 2024. The indirect sex discrimination claim failed because the PCP about recent experience was not applied to the claimant in her interview.

Practical note

Claimants must clearly demonstrate in job applications how their skills meet specific role requirements; a generic CV will not overcome legitimate skill-based rejections even when disability is disclosed, and employers cannot be expected to know of a disability before it is disclosed.

Legal authorities cited

Statutes

Equality Act 2010 s.20Equality Act 2010 s.6Equality Act 2010 s.21Equality Act 2010 s.13Equality Act 2010 s.19

Case details

Case number
8001868/2024
Decision date
18 September 2025
Hearing type
full merits
Hearing days
7
Classification
contested

Respondent

Sector
retail
Represented
Yes
Rep type
in house

Employment details

Role
Member Pioneer
Service
2 years

Claimant representation

Represented
No