Job applicant uses AI and sues companies who discriminate against him

A 'professional victim' who has made a 'career' out of suing businesses for discrimination is now using artificial intelligence to help him generate more claims against potential employers.

'Vexatious' Dr Christian Mallon has been out of work since 2019, but has since applied for 4,600 jobs and won around £35,000 in out-of-court settlements, despite winning only a single case - which earned him £2,700 in compensation.

The serial job applicant now concentrates on making repeated applications for roles he has 'no hope' of getting and then issuing legal proceedings, and told a tribunal he is using AI to help him generate more claims. 

As part of his modus operandi the 49-year-old - who lives in Cannock, Staffordshire and has dyspraxia, autism and ADHD - insists on a five to 10 minute phone call to discuss any job application and asks to be sent a list of essential criteria of the role beforehand.

If companies don't comply, he then sues for disability discrimination and/or failure to make reasonable adjustments, in what has become a 'campaign of litigating' which has seen him involved in over 60 separate tribunals.

Under tribunal rules, if an employment judge concludes that a claimant's case is unlikely to succeed, then they are ordered to pay a deposit to continue with their case.

However, Dr Mallon, who boasts a PhD in chemical engineering and a Master of Business Administration (MBA) qualification, has admitted he never coughs up - after being advised by the Citizens Advice Bureau 'never to pay'.

This means he withdraws his case, and companies being sued waste time and money preparing a defence, in what one judge described as 'effectively now [Mr Mallon]'s chosen career'.

Former would-be employers, in roles based from London to Aberdeen, have included Honda and the National Crime Agency.

Despite his history - and recent judgments ordering him to pay £7,500 and £20,000 in costs of separate tribunal claims for his 'unreasonable approach' - his latest legal claim has been allowed to proceed to a full hearing.

And it emerged in one employment tribunal that he is now employing AI to help him make claims against companies who turn him down.

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At a preliminary hearing for his new case, while accepting he has launched 'many' claims, he denied trying to exploit the system and instead insists he is 'an experienced and determined litigant who will not be deterred from seeking justice'.

The West Midlands hearing was told Mr Mallon enquired about the Business Development Manager for Low Carbon and Manufacturing role at West Midlands Growth Company (WMGC) in September 2023 via email.

The next month he chased HR asking 'when the oral application will happen based on the essential criteria' and later explained why he would need a phone interview.

He chased this with follow-up emails complaining about lack of engagement.

Mr Mallon revealed 'conclusions' which AI had come up with, after he uploaded email trails for the technology to analyse.

He said those conclusions intimated that 'the Equality Act 2010 could be applicable', and that the lack of response or accommodation to his requests could 'indicate a failure to comply with the duty to make reasonable adjustments'.

In bold at the end of the email it said: 'Based on the emails, the lack of responsiveness or accommodation despite your clear communication about your disability and accommodation needs suggests potential breaches related to the duty to make reasonable adjustments and possibly discrimination arising from disability or indirect discrimination.'

After more than 10 emails, he sent another titled 'Formal Complaint Regarding Potential Discrimination in Job Application Process' and claimed his motivation was 'so this does not happen' to the next autistic candidate.

He launched these legal proceedings in December 2023.

WMGC - which specialises in investment in the region - responded by making an application to the tribunal to strike it out or for deposit orders of £1000 for each of Mr Mallon's claims.

In their submissions WMGC described Mr Mallon as a 'very experienced serial litigant who has brought many, many claims' which are said to 'follow the same pattern'.

The hearing was told: 'He is unrealistic in applying for roles for which he has no relevant experience, without producing a bespoke CV or any other documentation and then pursues equally non-bespoke claims in respect of such applications when he is unsuccessful in securing the role or adjustments which he states he needs to be able to successfully apply.'

They added that he is motivated 'not by securing employment but by increasing his prospects of securing success in a claim to the tribunal and/or settlement' and said his use of AI in creating documents was evidence of 'a vexatious proceeding'.

The company said it was 'clear' from both the advertisement and Mr Mallon's CV that he didn't have the skills for the role and therefore had 'no hope' of getting the job.

However, Mr Mallon said his background, skills and experience were 'highly relevant' but couldn't tailor his CV to the role because of his autism, ADHD and dyspraxia and believes his claim has 'reasonable prospects of success'.

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He also revealed he would not pay any deposit if an order were to be made, after the Citizens Advice Bureau told him 'never to pay one'.

After listening to submissions from both parties, Employment Judge Rosalie Kight has allowed the claims to proceed to a full tribunal.

'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,' she said.

'The tribunal does not accept that [Mr Mallon]'s claims history alone demonstrates that his presentation of this claim is vexatious.

'It cannot be determined at this stage in the proceedings, without the opportunity to hear the oral evidence and for it to be challenged [Mr Mallon]'s claim for failure to make reasonable adjustments is either vexatious or has no or little prospects of success.

'Nor is the tribunal satisfied, at this stage of the proceedings and without hearing oral evidence, that [WMGC]'s assertion that his use of AI and of a template in the circumstances is demonstrative of a vexatious claim.'

The judge therefore refused to strike out his claims as it could not be decided whether there was 'little reasonable prospects of success'.