Council Pays £3,000 to Job Applicant After Discrimination Ruling

A council has been ordered to pay a job applicant £3,000 for “hurting his feelings”. Lymington and Pennington Town Council indirectly discriminated against 29-year-old James Sheehy by insisting applicants to a town clerk role should have 10 years’ experience, an employment tribunal judge found. Mr Sheehy made the claims on the grounds of his age, a claim upheld by the judge, who said the 10-year condition put people aged 31 or under at a disadvantage. Colm McCarthy, the town mayor, said the case had “cost the local taxpayer excessively”, adding he was glad the council could “put this time-consuming matter behind us”. Mr Sheehy applied for the role of town clerk in March 2024 and had a total of seven years’ experience as town clerk for Witham, Dunmow and Christchurch councils. The authority’s job posting specified that applicants should have 10 years’ managerial experience and a certificate in local council administration. It also specified that they should have a relevant degree, which Mr Sheehy did not have. In a phone call to the retiring town clerk on March 1, 2024, Mr Sheehy claimed it was unfair to ask for 10 years’ experience. Other applicants had stronger experience On the clerk’s advice, councillors agreed to reconsider Mr Sheehy’s application, along with four others, on March 6, 2024, but he was not shortlisted for an interview. The tribunal heard from Mr McCarthy, Alan Penson, and Jack Davies who had felt that Mr Sheehy’s experience did not match that of the other applicants. Mr Sheehy argued at the tribunal hearing it had been difficult for him to succeed in his career at such a young age and it was unfair to impose a condition of a decade of experience. The judge found the three candidates who were shortlisted for interview were chosen because they were better suited to the job but said the 10-year condition put people aged 31 or under at a disadvantage, especially alongside the requirement to have a degree. “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, rather than say, eight years’ experience,” said the judge. He upheld Mr Sheehy’s claim of indirect age discrimination on March 1, 2024, when the age-limit was applied, but not from March 6, when his application was reconsidered. The judge awarded Mr Sheehy £2,500 plus £292 interest for a total of £2,792 for injury to his feelings, as he had been upset by the council’s actions. Mr McCarthy said: “As mayor I am saddened that the recruitment process of nearly two years ago to replace the most senior position with this town council reached the proportions of an employment tribunal, thus costing the local taxpayer excessively in administational officer and councillor time plus the small settlement amount. “The claimant’s experience was not in any way questionable, but due to the experience required, the decision was made by the working group to obtain the correct person that would suit the position for Lymington and Pennington Town Council. “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 and carry on with the job of serving our community.”