The employee (a consultant) was diagnosed with Asperger’s syndrome, which was linked to the communication deficiencies but not the clinical deficiencies. Refusing to allow him to return to work as a consultant was not disability discrimination under section 15 Equality Act 2010 because it was a proportionate means of achieving a legitimate aim nor was it a breach of the duty to make reasonable adjustments, since any reasonable adjustments relating to the Asperger’s syndrome would not deal with the clinical deficiencies and would not therefore allow the Trust to employ him as a consultant.

Islam v Abertawe Bro Morgannwg Local Health Board EAT 12 June 2014 http://www.bailii.org/uk/cases/UKEAT/2014/0200_13_1206.html