Recruitment and selection

Employment tribunal – July 2018 This case highlights the importance of requesting references from previous employers to confirm the information contained in a job application or CV. Facts The claimant was a trained pilot who had worked in First Officer positions. The organisation advertised a job vacancy for a Captain and the claimant applied for this role. In his application, he lied and stated that he had previously carried out work as a Captain. As a method of supporting this lie,…

Recruitment and selection, Equality

Court of Appeal – March 2018 Was it unlawful discrimination to refuse to grant a licence to a priest because his same sex marriage was contrary to Church of England doctrine? The Marriage (Same Sex Couples) Act 2013 introduced lawful same sex marriages. The Canons of the Church of England set out that marriage is the union of one man with one woman. Following the introduction of the legislation, a statement of Pastoral Guidance was distributed which confirmed the Canon remained part of…

Recruitment and selection, Employee relations

Employment Appeal Tribunal – October 2017 Is a refusal to recruit because of previous trade union activities a refusal of employment because of trade union membership under s137(1)(a) Trade Union and Labour Relations (Consolidation) Act 1992 (“TULRCA”)? Facts Denby, a qualified pilot, started working at the airline in November 2005. In 2008, Denby became Chairman of the Crew Council and pilot representative for two airports. He was also a member of the British Airline Pilots’ Association…

Judgement published:
Recruitment and selection, Equality

Court of Justice of the European Union – September 2016 This ruling confirms that bogus job applicants are not protected by European equality law and must have a genuine interest in the role they are applying for before they can make a discrimination claim   A German company had advertised graduate trainee positions requiring a good, relevant university degree completed in the last year, or to be completed in the coming months, and relevant practical vocational experience. Kratzer…

Recruitment and selection, Equality

Employment tribunal - April 2012 Requiring employee to have a degree was indirectly discriminatory   Facts   Homer retired from the police force, at the rank of detective inspector , after 30 years' service. He then moved to work as a legal adviser in the Police National Legal Database (PNLD).   The requirements for this post were (i) a law degree or (ii) the equivalent of a law degree or (iii) exceptional experience/skills in criminal law as well as a lesser qualification in law.  …

Recruitment and selection

Court of Appeal Police do not owe a duty of care when disclosing information for an enhanced criminal record certificate   Desmond was arrested in 2001 for an alleged sexual assault. One week later the charges were dropped when the complainant was not able to determine whether Desmond (who denied responsibility for the crime) was the person involved. The file was closed, and the police officer concerned noted that Desmond was not responsible for the crime.   Nothing more was heard about…

Recruitment and selection, Equality

Employment Appeal Tribunal - October 2010 Discrimination in recruitment advertising Facts Berry made a claim of age discrimination in relation to a number of job advertisements (this was one of 50 claims he made to the employment tribunal). He argued that all the advertisements amounted to age discrimination because of their wording. In this particular case, the wording of the advert stated that the job would suit a school leaver. When he enquired about the job, he was told that the…

Recruitment and selection, Equality

Employment Appeal Tribunal Automatically excluding non-EEA applications because of little likelihood of obtaining a work visa was racially discriminatory   Purohit, a non-EEA national, had attempted to complete an online application form for a training contract with Osborne Clarke, an English law firm. As part of the application process, he was asked a number of preliminary questions, one of which enquired whether he held a work permit entitling him to work in the UK. When he answered “no”…

Recruitment and selection, Termination

Employment Appeal Tribunal - February 2007 Probationary period came to an end automatically on the date agreed  Facts In this case Patel worked as a locum pharmacist. He suffered from bipolar disorder. He was interviewed by the area manager who was aware of his disability when recruiting him in 2008. In 2011, Patel applied for a permanent position as pharmacy manager. The area manager sent an email to one of the managers responsible for recruitment in which he expressed some concerns…

Recruitment and selection, Equality

House of Lords Discriminator’s conscious motivation not a necessary ingredient of unlawful victimisation   Nagarajan had previously brought a number of race discrimination complaints against his employer, London Regional Transport (LRT) which had been largely unsuccessful. When he applied internally for a vacant post, he was rejected. One of the members of the interview panel had given him only one point out of 10 for articulateness and noted that he was "very anti-management". The only…

Recruitment and selection, Family friendly and flexible working rights

Court of Justice of the European Union - November 1990 Refusal to employ a woman for reasons related to pregnancy was direct sex discrimination Facts Dekker, who was pregnant, applied for a post as a training instructor with a youth centre run by an organisation in the Dutch public sector. She informed the selection committee that she was pregnant. Although Dekker was the most suitable candidate for the post and had been recommended for appointment by the selection committee, she was…