An Employment Tribunal has confirmed that employers can take ‘team fit’ into account when choosing between two equally qualified candidates for a role.
Background
A candidate claimed she was discriminated against because of her reserved personality and cultural background after being rejected for a role (she believed the company was looking for people who liked swearing and going to the pub). The hiring manager explained she “vibed more” with the successful applicant. The tribunal ruled there was no discrimination and confirmed that team harmony and cultural fit can be legitimate factors in hiring decisions.
Practical takeaways
The tribunal’s Arsenal vs Spurs analogy illustrating ‘cultural fit’ has grabbed headlines, but we’d caution against letting ‘vibes’ or a candidate’s preferred sports team overly influence hiring decisions – discrimination risks are never too far away. Here’s some food for thought…
Document your decisions – relying on “vibes” alone isn’t a solid recruitment strategy. Chemistry is important, but it can’t replace clear, objective criteria tied to the role. Being able to reliably evidence why one candidate was chosen over another is your best defence if challenged.
Define culture fit carefully – if it’s going to form part of decision-making, make sure it aligns with your organisation’s values and ways of working so you’ve got something consistent to measure against (rather than whether someone supports the ‘right’ football team).
Beware unconscious bias – be alert to assumptions about culture, personality, background or social habits to reduce the risk of bias and potentially discriminatory assessments creeping into decisions.
Train hiring managers – whilst technically lawful, rejecting candidates on subjective grounds can leave the door open for costly claims and reputational risk. Ensure all hiring managers are trained on a consistent and structured recruitment process to avoid potential challenge.
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This update is accurate on the date it was published but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.
