Cases1601300/2024

Claimant v Cardiff Council

Outcome

Claimant fails

Individual claims

Direct Discrimination(disability)failed

The tribunal found that the claimant failed to establish that he was treated less favourably than others because of his disability. The evidence did not support a finding that disability was the reason for the treatment complained of.

Failure to Make Reasonable Adjustments(disability)failed

The tribunal determined that the respondent either made appropriate reasonable adjustments or was not under a duty to make the adjustments claimed. The claimant did not establish that the PCP applied put him at a substantial disadvantage or that the proposed adjustments were reasonable.

Harassment(disability)failed

The tribunal concluded that the conduct complained of did not have the purpose or effect of violating the claimant's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment, or that the conduct was not related to disability.

Facts

Mr Malone brought disability discrimination claims against Cardiff Council. The case proceeded to a five-day full merits hearing in January 2025. Mr Malone represented himself while the Council was represented by counsel. The tribunal heard evidence and submissions on claims of direct disability discrimination, failure to make reasonable adjustments, and harassment related to disability.

Decision

The tribunal dismissed all of Mr Malone's claims. The tribunal found he had not established direct disability discrimination, that the Council either made appropriate reasonable adjustments or was not under a duty to do so, and that the harassment claim failed either because the conduct was not related to disability or did not meet the statutory test.

Practical note

A self-represented claimant in disability discrimination proceedings faces significant evidential and legal hurdles, particularly in establishing the necessary causal links and meeting the statutory tests against a well-represented public sector respondent.

Case details

Case number
1601300/2024
Decision date
24 January 2025
Hearing type
full merits
Hearing days
5
Classification
contested

Respondent

Name
Cardiff Council
Sector
local government
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No