A MAN from Gwynedd with a chronic eye condition took a company he applied for a job with to court, claiming he was disadvantaged in its recruitment process.
Chartered manager Nigel Strain, who has anterior uveitis, sued non-profit third-sector company Business in Focus Ltd for failing to make reasonable adjustments.
But an employment tribunal in Cardiff resulted in his claim being dismissed.
Business in Focus accepted it knew about Mr Strain’s disability, but argued it could not have known he was at a substantial disadvantage.
The tribunal heard Mr Strain takes eye drops daily to manage his condition, which causes him difficulty reading standard-sized text for long periods of time, and driving in low-light conditions and at night.
On January 21, 2025, Mr Strain applied for the role of relationship manager with Business in Focus, but the company only became aware of his eye condition on February 21.
Mr Strain was told on February 14 he had been shortlisted for the position, and was invited to an assessment, which would likely be conducted in Newtown.
He was then informed on February 20 that, due to the other two shortlisted candidates and the two panel members being based in South Wales, the assessment would be held in Abercynon on February 27.
Business in Focus intended to arrange bed-and-breakfast accommodation for Mr Strain and would not charge him for this.
Mr Strain said expecting candidates to make themselves available with less than a week’s notice was unrealistic and unfair to those who work full-time, and complained the venue favoured the South Wales-based candidates.
In an email, he wrote: “When I received your email on Friday afternoon (February 21) containing details of the venue and assessment day process, I informed you that I have a disability that restricts my ability for night-time driving.
“Such short notice has made it impossible for me to arrange a driver, especially given that an overnight stay will be necessary.
“You have offered me no alternative, which has resulted in me being unable to attend the assessment day on Thursday.”
Mr Strain then submitted a complaint on February 27, but a response to this did not reach him because of a typo in the email address used.
Employment Judge Alys Williams accepted that Business in Focus’ practice of giving candidates seven days’ notice put Mr Strain “at a substantial disadvantage compared to someone without his disability”.
But she also concluded the company could not have known he was at such a disadvantage until his email on February 21.
She also considered it unreasonable to have expected Business in Focus to carry out the assessment nearer to Mr Strain’s home, give greater notice of the assessment day, or hold it later in the day to allow him to travel to it by train.
“Until then, the respondent had no knowledge of any disability, nor its effect on the claimant and his ability to travel to an assessment day,” the judge wrote.
“The claimant had ample opportunity to raise these issues, particularly given that, at best, the assessment day was likely to be in Newtown – still some considerable distance from the claimant’s home – and he did not.
“His only concern was that he would be reimbursed for travel costs.”
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