An employment law expert in Shropshire is advising businesses to be aware of a new ruling by a judge who rejected claims that a woman was discriminated against for not getting on with her interviewer.

Alasdair Hobbs, of Human Results in Telford, said the decision showed that considering how a new employee would fit in with existing staff was a reasonable element of the recruitment process.

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.

However, employment judge Daniel Wright dismissed her claims, saying: “There may be times when it is perfectly lawful for an employer to decide that somebody just will not be a fit 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.

“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.

“Taking on new staff and undertaking interviews can be a stressful time for employers, particularly small businesses,” Alasdair 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.”

For more advice about employment law and HR issues, contact Alasdair by visiting www.humanresults.co.uk or calling 01952 288361.