cipd logoWhen employing a past member of staff, employers need to document decisions carefully to avoid claims.

A recent case, Das v Ayrshire and Arran Health Board, shows the problems an employer may face where a former employee, with whom there have been issues in the past, applies for a new job.

Victimisation occurs where an employee is subjected to detrimental treatment by an employer because of carrying out a ‘protected act’ (or because the employer believes the employee has carried out, or may carry out a protected act). One of the protected acts is bringing discrimination proceedings under the Equality Act 2010.

The following recent case highlights the issues involved.

Das was employed as a specialist doctor by a health board between 2000 and 2009. It was a rocky employment relationship. Among other things, Das made a protected disclosure (blew the whistle), raised a race discrimination grievance and was unsuccessful in his application for promotion. In 2009, he resigned. He decided to train as a GP but withdrew from this training shortly after starting. He then worked for a number of hospitals in the region over a three year period.

In April 2010 he applied for the role of specialist doctor with the board. The recruitment panel did not shortlist him initially but a member of the HR team recognised his name and discussed the situation with her superior. They decided to invite him to an interview. He was unsuccessful and brought a tribunal claim which was settled by judicial mediation.

To read more about the tribunal findings visit the CIPD website.

Sign Up For   Automatic Job Alerts   With Sigma Recruitment! Sign Up Now