Anthem Schools Trust and Ms S Bhadare

Case Summary

The claimant, who has diabetes, applied for two teaching positions at the respondent school in November 2022 and February 2023 but was not appointed. The claimant claimed direct disability discrimination and discrimination arising from disability. The tribunal dismissed both claims, finding that the claimant was not treated less favourably and that the respondents did not know and could not reasonably be expected to know of the claimant's disability at the material times.

The tribunal found that the claimant did not establish less favourable treatment because the respondents' recruitment decision was based on the claimant's interview and lesson performance compared to the comparators, where the claimant scored less well for legitimate reasons. Additionally, the respondents did not know and could not reasonably be expected to know of the claimant's disability at the material times, as it was a hidden disability and the claimant did not disclose it during the recruitment process.

• •Direct disability discrimination under Equality Act 2010 section 13
• •Discrimination arising from disability under Equality Act 2010 section 15
• •Whether respondents knew or could reasonably be expected to know of claimant's disability
• •Whether claimant received less favourable treatment in recruitment process
• •Time limits under section 123 of Equality Act 2010

EMPLOYMENT TRIBUNALS Claimant: Mr A Khan Respondent: 1. Anthem Schools Trust 2. Ms S Bhadare Heard at: London South, by CVP On: 23 &24 March 2026 Before: Employment Judge Rice-Birchall; Ms J Forecast; Mr T Harrington- Roberts Representation Claimant: In person Respondent: Mr Baran, counsel JUDGMENT The claimant’s claim of direct disability discrimination is not well-founded and is dismissed. The claimant’s claim of discrimination arising from disability is not well founded and is dismissed. REASONS Background 1. The first respondent is an education charity that runs a group of state-funded primary and secondary schools. The second respondent is Vice Principal of the Academy. The claimant applied to work at St Marks Church of England Academy as a second in charge of science teaching position in November 2022. The claimant was not offered the position. The claimant applied again for a science teacher position in February 2023 and again was not offered the position. It is those two recruitment processes which form the basis of the claimant’s claim. 2. Early conciliation with both respondents started on 25 May 2023 and ended on 6 July 2023. The claim form was presented on 31 July 2023. 3. The respondent concedes that the claimant has a disability, namely diabetes, but says it did not know and could not reasonably be expected to know, at the material times, that the claimant had the disability. The Issues 4. The issues in this case were agreed at the preliminary hearing as follows: 1. Time limits 1.1 Given the date the claim form was presented and the dates of early conciliation, any complaint about something that happened before 26 February 2023 may not have been brought in time. 1.2 Were the discrimination complaints made within the time limit in section 123 of the Equality Act 2010? The Tribunal will decide: 1.2.1 Was the claim made …