The Respondent produced standard documentation in font sizes that may have been, on occasion, as small as 10 point, but, it appears, generally were 11 or 12 point. The Employment Tribunal described this as the “small font” PCP. The Claimant is disabled because she has Apert Syndrome, which results in impaired vision. The Employment Tribunal dismissed a claim of failure to make reasonable adjustments because the respondent lacked requisite knowledge; but upheld an indirect disability discrimination claim. The Respondent appealed against the indirect discrimination decision.

The EAT allowed the appeal. The ET's reasoning was insufficient to understand what the ET meant when it said that there was “no legitimate aim” for the “small font” PCP, in circumstances in which the Respondent had asserted that the legitimate aim it pursued was “efficient management”.