Can your football team determine your recruitment decisions?!
As bizarre as the above heading above may seem, a recent Employment Tribunal decision highlights the fact that yes, recruitment decisions can be influenced by a prospective candidate’s football team allegiance!
In the case of Ms M Kailna v Digitas LBI Limited, Ms Kalina claimed she had been discriminated against on grounds of disability and race when Digitas had not offered her the role she had applied for. Ms Kalina argued that she had not been offered the role as she was not particularly outgoing and did not tend to like socialising and going to the pub. She claimed that as a Russian National, going to the pub was not part of her culture and that suffering from anxiety and depression also played a part in her reluctance to do so.
Ms Kalina had been interviewed and progressed through the recruitment process to the stage where she was one of only two candidates remaining. Both Ms Kalina and the other candidate were appropriately qualified, but the other candidate was appointed as the hiring manager believed she was a better fit with the team. She also commented that “we vibe well”. In response to Ms Kalina’s assertions that it was unfair to use fit/cultural matching during the recruitment process, the Tribunal determined that whilst caution with this approach should be exercised, legally there is nothing to prevent this happening.
The Tribunal provided the example of a situation where everyone in a small office supports Arsenal, and the hiring manager decides to appoint an Arsenal fan over a Tottenham season ticket holder where both candidates are similarly qualified. In the Tribunal’s view, this would be permitted on the basis that it would help to preserve office harmony. Employment Judge Wright commented:
“There may be times where it is perfectly lawful for an employer to decide that somebody just will not be a fit within the team and that therefore it would be difficult to work together.”
This decision does not change the law in any way but makes it clear that it is permissible to use a prospective candidate’s fit within a team as an influencing factor when hiring. In fact, an employer can base recruitment decisions on any factor they like, as long as they do not discriminate on the basis of a protected characteristic (e.g. sex, race, religion etc.).
Tips for ensuring non-discriminatory recruitment
It goes without saying that full and thorough non-discriminatory recruitment processes should always be followed and that records of interviews and assessments should be retained. Employers should approach recruitment on the basis that decisions will be challenged and be prepared to share interview notes and feedback with candidates where requested.
Before being a part of the recruitment process, employers should ensure that hiring managers have completed Equality training and are also fully trained in the organisation’s recruitment practices.
At the interview stage, hiring managers should ensure that they use an objective scoring method and avoid questions which are not relevant to the role. Specific questions should be prepared based on the person specification and job description and the information a candidate has provided within their application. It is also important that those involved in the hiring process can recognise if they are making any stereotypical assumptions.
If you would like assistance with any of the issues raised in the article or have any specific queries related to ensuring recruitment is objective and non-discriminatory, we can help. We offer a retainer service which provides unlimited advice on employment law issues. The cost starts from just £95 per month plus VAT. For a small additional fee, we can even include work on tribunal claims. If you would like a quote, please email Ellie Walsh at ewalsh@keelys.co.uk