A town council in Hampshire has been instructed to pay almost £3,000 in compensation to a rejected job applicant after an employment tribunal found its recruitment advert was unlawfully discriminatory.
Tribunal Finds Job Criteria Disadvantaged Younger Applicants
Judge Dawson ruled that Lymington and Pennington Town Council indirectly discriminated on grounds of age when it advertised for a new town clerk in March 2024. The key point of contention was the requirement for candidates to possess 10 years of managerial experience, alongside a relevant degree and a Certificate in Local Council Administration.
The claimant, 29-year-old Mr Sheehy, applied for the role. He had seven years' experience as a town clerk for three different councils and held the necessary certificate, but he did not have a degree. After a phone call with the retiring clerk, councillors agreed to reconsider his application on 6 March 2024, but he was ultimately not shortlisted for an interview.
Council Failed to Justify Experience Requirement
The tribunal heard that councillors, including Colm McCarthy, Alan Penson, and Jack Davies, felt Mr Sheehy's experience did not match other applicants and were concerned about the short periods he had spent in previous roles. The position involved managing a £1.2 million budget, 20 staff, the weekly town market, and a project to revive the town's seawater baths.
However, Judge Dawson found the council provided no evidence to show why 10 years' experience was reasonably necessary, as opposed to a shorter period like eight years. The judge concluded that the 10-year condition, especially combined with a degree requirement, put people aged 31 or under at a particular disadvantage.
"The difficulty for [the council] is that it has produced no evidence from which I can conclude that it was reasonably necessary for a candidate to have 10 years' experience as required," stated Judge Dawson.
Compensation Awarded for Injury to Feelings
The judge upheld Mr Sheehy's claim of indirect age discrimination specifically relating to the initial application on 1 March 2024, when the criteria were first applied. The claim for the reconsideration on 6 March was not upheld.
Mr Sheehy was awarded £2,500 plus £292 in interest, totalling £2,792, for the injury to his feelings caused by the council's actions.
Following the judgment, Town Mayor Councillor Colm McCarthy expressed sadness that the recruitment process had reached a tribunal, costing taxpayer money in time and the settlement. He stated, "I consider as town mayor that the judge accurately assessed the situation and am pleased that as a town council we can put this time consuming matter behind us."
