The Claimant suffered from Asperger's Syndrome, a form of Autistic Spectrum Disorder. He had concealed the fact that he had this disability for his entire working life from both family and employers, although he had made it known to the employer against whom the present claim had been brought. He was concerned, both from personal experience, as well as widely available material including academic research, that, were knowledge of his disability to become public it would have a serious adverse effect on his employability. He had indicated that he would not proceed with his claim absent anonymity. The ET refused his application for anonymity and he appealed.

The EAT allowed the appeal holding that the ET had set too high a bar for the Claimant and had focussed on medical evidence and the fact that he had obtained employment, without having considered whether the new employer had been aware of the disability. This amounted to an error of law. Having all relevant material before it the EAT decided that there was only one possible outcome, namely that anonymity for both parties was not contrary to the public interest.