The EAT has held against an employer who refused to adjust a multiple choice recruitment test for a candidate for Asperger syndrome.
In Government Legal Service v Brookes the claimant with Asperger’s argued that the multiple choice format of a ‘situational judgment test’ put her at a disadvantage, and requested to be allowed to give short narrative written answers. The Legal Service refused. The tribunal and EAT upheld her claim for failure to make reasonable adjustments, and also discrimination arising from disability (s.15 EqA) and indirect discrimination (s.19 EqA).
Diana Kloss reviews the case in her latest blog Selection tests.
The full judgment is available at www.bailii.org/uk/cases/UKEAT/2017/0302_16_2803.html