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Read more articles in: Amanda Hyam, Blog, Employment Law
When positions open in your business, the impact that any new hires will have on the existing culture is something that can be a concern for many.
Ensuring that there will be cohesion in the team is vital for all parties, as this can be a good way for a new worker to settle in and for the previous team to continue working with minimal disruption.
However, while some preferences for personality are valid, you must take care not to cross a line into discrimination.
In essence, you should be able to reject someone for any reason provided it does not involve one of the nine protected characteristics as described in the Equality Act 2010.
These protected characteristics are:
There is some limited scope for operating against this if discriminating against a protected characteristic is essential for the fulfilment of the role.
This is most commonly found in religious institutions, wherein religion or belief may need to correspond with that of the institution and adherence to the religious beliefs may permit further exclusion.
It may also be necessary to hire someone with specific physical capabilities to fulfil the needs of a role, though this should be specified in the job listing.
Where the challenge arises is following recent tribunal rulings that permit the preservation of office culture as a valid reason for rejecting a candidate.
The example given centred around supporting different football teams, where someone who held a season ticket to a team that would be the rival to the majority of existing employees could legally be considered ineligible for the role.
However, the tribunal also faced discussion around the role of pub life as part of a workplace culture.
As alcohol consumption and even exposure to it can be problematic for people with religious or medical preclusions, employers should take care when integrating such activities into workplace culture.
If it were found that aspects of office culture were at odds with the need to cater to supporting protected characteristics, then it may be difficult for an employer to defend their decisions.
This is further compounded by the notion that the ‘vibe’ interviewers feel with candidates can inform hiring practices, but is open to subconscious bias and discrimination.
Awareness and training are one of the most effective ways to combat bias that might otherwise be overlooked.
Knowing the benefits of diversity can allow a business to expand its position in a market by working with and understanding a greater range of people.
Where hiring decisions are made, these should be clearly documented, with the reasons for a rejection being as detailed as possible to avoid any allegations of impropriety.
When hiring those who may be from a minority background or with different experiences or expectations than existing members of the team, considerations should be made around adapting workplace culture to be more inclusive.
Moving social events away from places that serve alcohol and focusing more on other activities could allow more team members to engage without fear of ostracisation.
When creating a new job listing, it may be wise to seek professional legal advice to ensure that you can avoid any direct or indirect discrimination.
This advice can also be sought as you onboard new team members and work to foster a more inclusive workplace culture.
If you want to understand more of your legal rights and responsibilities when hiring new staff, speak to our team today!
Head of Dispute Resolution and Employment
I have specialised in Dispute Resolution, Civil Litigation and Employment law for more than 15 years. I understand how daunting the prospect of litigation can be and because of this I am always available to discuss concerns.
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