Claimant v London Borough of Southwark
Outcome
Individual claims
The tribunal found that while the respondent failed to take steps to secure a full reference and this constituted less favourable treatment, the second respondent did not have actual knowledge of the facts constituting the claimant's disability nor did she perceive the claimant as having a disability. The tribunal concluded that the respondent perceived the claimant's anxiety as mild and well-managed with medication, not as having a substantial adverse effect on his ability to carry out normal day-to-day activities. Without knowledge or perception of disability, the less favourable treatment could not be because of disability.
Facts
The claimant, a qualified teacher, applied for and was provisionally offered a class teacher role at Victory Primary School in June 2023. The offer was conditional on satisfactory references, DBS check, and medical clearance. A medical screening revealed the claimant had mild anxiety managed with medication. One referee (the Head of his current school) provided an inadequate reference that did not confirm suitability to work with children. The second respondent (Headteacher) withdrew the provisional offer on 18 July 2023 citing an unsatisfactory reference, after making only one unsuccessful attempt to contact the referee to secure a fuller reference.
Decision
The tribunal found that the respondent failed to take adequate steps to secure a full reference and this constituted less favourable treatment. However, the claim failed because the tribunal concluded the second respondent did not have knowledge of the facts constituting the claimant's disability nor perceived him as disabled. The tribunal found she perceived his anxiety as mild and well-managed, not having a substantial adverse effect on his ability to carry out normal day-to-day activities.
Practical note
In direct disability discrimination claims in recruitment, knowledge or perception of all elements of the statutory definition of disability is required; knowledge that an applicant has anxiety managed with medication is insufficient if the decision-maker perceives it as mild without substantial adverse effect.
Legal authorities cited
Statutes
Case details
- Case number
- 2306423/2023
- Decision date
- 10 March 2025
- Hearing type
- full merits
- Hearing days
- 4
- Classification
- contested
Respondent
- Name
- London Borough of Southwark
- Sector
- local government
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Class Teacher
Claimant representation
- Represented
- No