Hidden disabilities and recruitment decisions

The case of Mr A Khan v Anthem Schools Trust and Ms Bhadare provides helpful guidance to schools regarding recruitment decisions, disability claims, and the importance of having clear evidence of appointment processes.

Background

Mr Khan, who has diabetes, applied for two teaching positions at St Mark’s Church of England Academy, part of Anthem Schools Trust. The first application was for a second in charge of science role in November 2022 and the second for a science teacher post in February 2023. He was unsuccessful on both occasions. Following the recruitment processes, he brought claims of direct disability discrimination under section 13 of the Equality Act 2010 and discrimination arising from disability under section 15.

Mr Khan argued that he had been treated less favourably because of his disability and that his diabetes had influenced the recruitment decisions. The trust accepted that diabetes amounted to a disability under the Equality Act but said it was not aware of the condition during the recruitment processes and could not reasonably have been expected to know.

Employment tribunal (ET) findings

The ET dismissed both claims made by Mr Khan.

One of the key issues was whether the school knew, or could reasonably have been expected to know, that Mr Khan had a disability. The ET found that diabetes was a ‘hidden’ disability in this case and that Mr Khan had not disclosed the condition during either recruitment process. There was no evidence that the interview panel or those making the decisions were aware of it, nor was there any reason why they should have suspected it. Therefore, the trust could not be held liable for discrimination arising from disability because the statutory knowledge requirement was not met.

The ET also considered whether Mr Khan had been treated less favourably than the successful candidates. It reviewed the recruitment evidence, including interview and lesson observation assessments, and concluded that the successful applicants had performed better during the selection process. The ET accepted that the decisions were based on legitimate recruitment criteria and that there was no evidence that disability played any part in the outcome.

Key lessons for schools

This case highlights several practical points for school leaders and recruiting managers:

• Recruitment decisions should be supported by clear records, including interview notes, lesson observation feedback, scoring matrices and reasons for appointment decisions.
• Selection criteria should be applied consistently to all candidates and linked directly to the requirements of the role.
• Schools cannot be expected to make adjustments for, or avoid discrimination arising from, a disability of which they have no knowledge and could not reasonably have been expected to know.
• Recruitment panels should avoid making assumptions about an applicant’s health and should focus solely on evidence gathered through the recruitment process.
• Where a candidate voluntarily discloses a disability, schools should consider whether reasonable adjustments are required during the recruitment process and ensure those adjustments are documented.

Summary

Although the trust was successful, this case demonstrates the importance of robust recruitment procedures and thorough record keeping. Schools that can show decisions were based on objective evidence and merit are in a much stronger position to defend discrimination claims. The judgment also confirms that, for claims of discrimination arising from disability, an employer’s actual or constructive knowledge of the disability is an important factor.

For schools, the case serves as a reminder that fair, transparent and well documented recruitment processes are one of the strongest protections against successful discrimination claims.

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