Sensible employers know that interview questions asked of job applicants should be carefully considered in advance and formulated with the benefit of legal advice. In one case where that signally did not happen, a 67-year-old man who was turned down for a park attendant’s job succeeded in an age discrimination claim.
The man was one of 13 people who had applied for the local authority post and was considered one of the two strongest candidates. He said that a member of the panel that interviewed him had commented, ‘I’ve just noticed how old you are’, before asking him, ‘how’s your health anyway?’ He had driven away from the interview with a growing sense of injustice and, after failing to win appointment to the post, swiftly lodged a complaint with an Employment Tribunal (ET).
In upholding his claim, the ET accepted his account of the interview and that he had felt that his chances of appointment were good until the atmosphere of the interview was changed by the panel member’s age-related comments. His advancing years had certainly been a factor in his rejection. The ruling opened the way for the man to seek compensation. However, the ET noted that, in the light of its decision, he had reached settlement terms with the local authority.
James v Coedffranc Community Council. Case Number: 1600068/2018