Can an employer reject an applicant who supports a rival football team?

An interesting ruling has been made in an Employment Tribunal Case Hearing in which the Employment Judge decided that an employer has the right to consider whether a prospective employee would get on well with existing staff and that this could include rejecting a prospective employee who could “damage office harmony” by not supporting the same football team as current staff members.

The case arose after a Russian woman took legal action after not getting a job with a marketing agency. The woman claimed she was a victim of discrimination because she wasn’t outgoing, didn’t like to curse and didn’t enjoy going to the pub with colleagues – things she saw as typically British.

The employer argued that the decision to hire another candidate ultimately came down to who would be the better fit in the team.

The Employment Judge dismissed the case brought by the woman, commenting that:-

“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. 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”.

The Employment Judge provided another example of where it would be lawful for an employer to decide that somebody will not be a fit with the current team:-

“…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”.

In dismissing the woman’s claim, the Employment Judge highlighted that the employer was entitled to choose between two good candidates on the basis of who would fit best with the existing team.

Whilst the case itself wasn’t specifically about football, the comments are interesting, nonetheless. The case focuses on “cultural fit” and whether someone would click with the existing workforce. Perhaps the takeaway from the decision is considering where the balance should be between protecting team harmony and protecting certain candidates from bias.