Landmark discrimination ruling is 'reassuring' for employers, says Shropshire employment expert
An Shropshire employment expert says businesses should be 'reassured' after a judge rejected claims that a woman was discriminated against for not getting on with her interviewer.
In a landmark ruling at a London employment tribunal earlier this month, employment judge Daniel Wright ruled that employers can refuse to hire employees on the grounds of maintaining office harmony - including supporting rival football teams.
The case centred on claims from a candidate named Maia Kalina that she was unfairly discriminated against when marketing agency, Digitas LBI, chose someone else who they felt would get on better with their team.
Ms Kalina claimed that she was discriminated against because she was not outgoing and did not enjoy going to the pub, and her interviewer felt she wouldn't "vibe" with the team as well as another candidate for the role.
However, employment judge Daniel Wright dismissed her claims, saying it was "perfectly lawful" for an employer to decide that somebody will not fit in with the team, and that therefore it would be difficult to work together.
“An example of this could be a small company where everybody who works in the office is an ardent supporter of Arsenal football club, and they decide to pick an Arsenal fan at interview over a similarly qualified Tottenham Hotspur season ticket holder because they do not want to damage the harmony of the office," he said.
“The decision there would be lawful - albeit taking the example to the extreme would not necessarily be good for business."
Alasdair Hobbs, of Human Results based in Telford, who works with businesses all over Shropshire and across the country, said the decision should be reassuring for employers, adding that considering how a new employee would fit in with existing staff was a reasonable element of the recruitment process.
“Taking on new staff and undertaking interviews can be a stressful time for employers, particularly small businesses,” he said.
“Employers are often concerned about claims arising from disgruntled candidates, but this case shows that common sense should still be applied.
“Although the judge’s example of rival football supporters not working together is extreme, it highlights that considering how a new employee will affect the harmony of the workplace is entirely reasonable.”
