Man awarded £10,734 after he was refused job due to his politics
Gary McClean scored highest in an interview but wasn't appointed to the post.
Last updated 24th Feb 2017
A fair employment tribunal held that in failing to appoint Mr McClean to the position of Community Development Officer, the Waterside Neighbourhood Partnership Ltd in Londonderry unlawfully discriminated against him on the grounds of his political opinion.
He was supported by the Equality Commission in taking the case.
The Tribunal stated: "This is a highly unusual case where the highest marked candidate in an interview process, who had exceeded the threshold marking, and who had been identified as the person to be appointed, was not appointed."
A score sheet considered by the Tribunal recorded the individual marks of each panel member and this showed that Mr McClean was scored highest by all three. In a line on the sheet which commenced "person appointed," the claimant's name was written and this was followed by the three signatures of the panel members.
Chief commissioner of the Equality Commission, Dr Michael Wardlow said the case sends a message to employers.
"Even though you have a process in place and they had a very good process, when that process says that someone has come through and is the appointable candidate, you can't subsequently turn round and say well actually we don't like his politics and we're not going to appoint him," he said.
He added: " This case is important because there have been 40 years of legislation that says that you can't take political opinion into consideration when you are going to make an appointment, and certainly you shouldn't be discriminated against on that grounds."
Dr Wardlow said equality law in Northern Ireland is clear.
"All appointments, including those in the community sector, must be made without reference to to a person's political opinions," he stated.