In Das v Ayrshire and Arran Health Board, Das had been employed as a specialist doctor for nine years. during this time he made a protected disclosure, raised a race discrimination grievance and claimed he was denied promotion. He resigned in 2009 to retrain as a GP.
In 2010, he applied for another role at Ayrshire and Arran, and was invited to interview but was unsuccessful. He then brought a tribunal claim, which was settled through judicial mediation.
He then applied for another role and was shortlisted. A restructure shortly afterwards meant the vacancy was withdrawn. Das issued a claim for victimisation: an employment tribunal found in his favour and he won £5,000 for injury to feelings.
According to Paul Mander. partner as Manches, employers must ensure that they have a good, sustainable reason for not inviting someone to interview, particularly where they feel this may result in a dispute.
People Management (2015) Legal Lowdown: Take Care with Interview Invitations. People Management. March 2015, pp.15.