In Kalina v Digitas LBI Ltd, two applicants were interviewed for a role. Both were found appointable following competency-based assessment. The successful candidate was chosen largely because she was considered to be the ‘best fit’ for the team. The interviewer noted that she had ‘vibed’ with her at interview.
The unsuccessful candidate alleged this was discriminatory on grounds of race and disability, claiming she was not appointed because as a Russian her personality did not conform with British workplace norms, and because of her disability of anxiety and depression.
The tribunal dismissed all claims. Whilst acknowledging that caution should be exercised when taking account of such factors (because of the discrimination risk), it did not follow that selecting from two good candidates based on who was the better ‘team fit’ would be discriminatory. There has to be a role for personality in recruitment. It cannot be stripped away entirely for fear of discrimination. However, it acknowledged that caution should be exercised.
Lessons For Employers
• Have a clear recruitment policy. If ‘team fit’ forms part of it, make sure that it only becomes relevant some way down the recruitment exercise.
• Be aware of the risk of unconscious bias. Generally, the more people involved in the decision to appoint, the less likely it is that unconscious bias can take hold.
• Be particularly careful to make sure that ‘team fit’ does not stray into unlawful discrimination, especially regarding religion or belief, childcare responsibilities, or health conditions affecting social interactions.