In the recent case of Patel v Lloyds Pharmacy Ltd UKEAT/0418/12 Mr Patel was a pharmacist who had applied for the position of pharmacy manager with Lloyds Pharmacy Ltd. Mr Patel suffered from bi-polar disorder and previously, when he was appointed as a self-employed locum for Lloyds, he had told the recruiter, Mr Butt, of his disability. Mr Butt expressed to the interviewers that he did not think Mr Patel was suitable for the position and that he had been dissatisfied with his performance, but he didn't mention his disability. The equal opportunities questionnaire which Mr Patel had completed and on which he described his disability, was not seen by the interviewers. Mr Patel was not given the job as he scored very low on the employer's standard scoring system. It was claimed by Mr Patel that he had been the victim of direct disability discrimination.
The Employment Tribunal took the decision to strike out his claim as there was no evidence to suggest that those recruiting for the position of pharmacy manager were aware of his disability when making their decision.