FOOTBALL fans can be denied a job if they support a rival team to colleagues, a judge ruled.
Bosses are allowed to base their recruitment choices on whether a new starter might “damage office harmony”.
Employment judge Daniel Wright gave his ruling in the case of Russian Maia Kalina, who said she lost out on a job because she would struggle to socialise at the pub as she suffered from depression and drinking was not in her culture.
Marketing agency Digitas LBI said although the successful candidate had similar skills, Ms Kalina did not match its “vibe”.
Judge Wright dismissed her race and disability discrimination claims at the hearing in Croydon, South London, saying companies had the right to consider whether a prospective worker would fit in.
He said: “There may be times when it is perfectly lawful for an employer to decide that somebody just will not be a fit with the team and that therefore it would be difficult to work together.
“An example of this could be a small company where everybody who works in the office is an ardent supporter of Arsenal Football Club, and they decide to pick an Arsenal fan at interview over a similarly qualified Tottenham Hotspur season ticket holder because they do not want to damage the harmony of the office.”
“The decision there would be lawful albeit not necessarily be good for business.”
The hearing was told Ms Kalina applied for a role with Digitas LBI and got down to the final two but lost out to the other candidate.
Explaining her decision, interviewer Stephanie Hill told the tribunal that she “vibed” more with the other applicant and that “ultimately the decision came down to who was the better fit in the team”.
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