Claimant v Cardiff Council
Outcome
Individual claims
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.
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.
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