Employers had a vested interest in not disturbing the harmony of the office, a judge ruled as a Russian woman claimed she missed out on a job because she didn’t enjoy ‘British habits’
Football fans could be legally denied jobs if they support a rival team to the rest of staff, a judge has ruled.
Employment Judge Daniel Wright said employers could base recruitment decisions on whether a prospective colleague might “damage office harmony”.
He ruled a company boss would not break employment law if they rejected a job application from, for example, a Tottenham Hotspur season ticket holder because the office was full of Arsenal fans. But he did add that the decision may not be the best for the business.
It followed the case of a Russian woman who sued after she lost out on a job because she didn’t “vibe” with her interviewers as well as the successful candidate.
Maia Kalina claimed she was discriminated against because she was not “outgoing” and didn’t enjoy going to the pub. But Judge Wright dismissed her claims and said employers had the right to consider whether a prospective employee would get on well with staff.
He said: “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).”
‘Vibed’
The hearing in Croydon, south London, heard Kalina applied for a role with Digitas LBI and got down to the final two candidates but lost out. Explaining her decision, the interviewer, Stephanie Hill, told the tribunal that she “vibed”’ more with the other applicant and that “ultimately the decision came down to who was the better fit in the team”.
Kalina, who said she was a Russian national, said she was discriminated against because she was restrained and did not swear and did not like going to the pub – habits she saw as typically British.
But Judge Wright said: “We have two candidates who were both considered appointable. They were pretty evenly matched, with their own particular strengths. I see nothing wrong with looking at who would fit into the team better as long as the assessment is done with caution.”
He added: “In this case, [Ms Kalina] relies upon a stereotype of British people being outgoing, enjoying going to the pub, and being relaxed swearing whereas she is more restrained as she comes from a cultural background where going to the pub is not a big thing and swearing is frowned upon.
“I find that there is no stereotype of British workers being as [she] describes. I accept that a number of British people could be described as going to the pub, swearing liberally and being outgoing.
“But there are just as many British people who frown upon anything which could be considered a curse word, who eschew the pub culture and who are far from outgoing and instead have the British stiff upper lip.”
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