A job applicant requested adjustments to be made to a recruitment process which included a multiple choice Situational Judgement Test on the ground of her Asperger's Syndrome. She was informed that an alternative test format was not available (although time allowances were). She completed the test and failed, subsequently claiming disability discrimination.
The employment tribunal concluded that a 'provision, criterion or practice' (PCP) (being the requirement that all applicants take and pass the test) put a group people, such as the applicant, at a particular disadvantage, compared to those who did not have Asperger's Syndrome. It also found that while the PCP served a legitimate aim, the means of achieving that aim were not proportionate to it, and, accordingly, the claim of indirect discrimination succeeded. The claim for failure to make reasonable adjustments also succeeded on similar reasoning.