A Hampshire town council has been ordered to pay £3,000 in taxpayer-funded compensation to a man who claimed his feelings were hurt after his job application was rejected.
The Application and Rejection
In March 2024, James Sheehy, 29, applied for the position of town clerk at Lymington and Pennington Town Council. The advertised role required candidates to have 10 years' managerial experience, a relevant degree, and a Certificate in Local Council Administration.
Mr Sheehy held the necessary certificate and had seven years' experience as a town clerk for Witham, Dunmow and Christchurch councils. However, he did not possess a relevant degree. After his initial application was unsuccessful, he contacted the retiring clerk on March 1, 2024, arguing the decade-long experience demand was unfair.
Tribunal Hears Council's Defence
Following the clerk's advice, councillors agreed to reconsider Mr Sheehy's application on March 6, 2024, along with four others. He was not shortlisted for an interview. At the subsequent employment tribunal, councillors Colm McCarthy, Alan Penson, and Jack Davies explained their decision.
They testified that Mr Sheehy's experience did not match that of other applicants and expressed concerns about the short periods he had spent in his previous council roles. The former town clerk outlined that the chief executive's role involved managing a weekly town market and leading a project to revive seawater baths, going beyond statutory duties for an authority with a £1.2m budget and 20 staff.
Judge Finds Indirect Age Discrimination
Judge Dawson found that the three shortlisted candidates were better suited for the job. However, he ruled that the 10-year experience condition put people aged 31 or under at a particular disadvantage, especially when combined with a degree requirement.
"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," the judge stated.
He upheld Mr Sheehy's claim of indirect age discrimination regarding the initial application on March 1, but not for the reconsideration on March 6. The judge awarded Mr Sheehy £2,500 plus £292 interest – a total of £2,792 – for injury to his feelings.
Council Response and Moving Forward
Following the judgement, Councillor Colm McCarthy, the town mayor, said he was saddened the recruitment process had reached an employment tribunal, costing taxpayer money in administrative time and the settlement.
"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," he said. "I 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."
