In Project Management Institute v Latif the EAT upheld a tribunal's finding that a qualifications body (PMI) had failed to make reasonable adjustments in relation to arrangements for a blind candidate to sit a computer-based exam. PMI had allowed Ms Latif extra time to sit the exam, and had provided a reader at their own expense to read the exam questions and describe diagrams to Ms Latif. However, they had not carried out a proper assessment of Ms Latif's needs and had refused her requests to use specialist screen reading software. The EAT held that there had been some errors of law in the tribunal's approach, including a misdirection on the burden of proof and a finding that the failure to carry out a proper assessment was in itself a breach of the Disability Discrimination Act (DDA). However, the EAT held that these failures did not affect the outcome, and dismissed PMI's appeal.

This is the first reported EAT decision on how tribunals should apply the burden of proof in a claim for failure to make reasonable adjustments. The burden will only pass to a respondent once the claimant has shown that they have been disadvantaged by a provision, criterion or practice, and a suggested adjustment has been put forward (either by the claimant or the tribunal itself), as potentially reasonable.