Take Care with Interview Invitations

ca. 2000 --- Keeping Score for the Team --- Image by © Royalty-Free/CorbisA recent case illustrated the pitfalls of dealing with a former employee who has previously brought a case against their employer, then applies for another role at the same organisation.

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 A restructure shortly afterwards meant the vacancy was withdrawn.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.

Reference

People Management (2015) Legal Lowdown: Take Care with Interview Invitations. People Management. March 2015, pp.15.

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