Council ordered to pay job applicant almost £3,000 in compensation over hurt feelings

A town council has been ordered to pay almost £3,000 compensation to a job applicant for ‘injury to his feelings’.

An employment tribunal judge found Lymington and Pennington Town Council, in Hampshire, had indirectly discriminated against when he applied for the role of town clerk in March 2024.

The judge said the council’s job posting, specifying that applicants should have 10 years’ managerial experience, a relevant degree and a Certificate in Local Council Administration, had been discriminatory towards Mr Sheehy.

At the time of his application, 29-year-old Mr Sheehy had a total of seven years' experience as town clerk for Witham, Dunmow and Christchurch councils, and held the necessary certificate, but he did not have a relevant degree.

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 even though that had been one of the criteria for the role for over 10 years.

On the clerk’s advice, councillors agreed to reconsider Mr Sheehy's application, along with four others, on 6th March 2024, but he was not shortlisted for an interview.

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The tribunal heard from councillors Colm McCarthy, Alan Penson, and Jack Davies who felt that Mr Sheehy’s experience did not match that of the other applicants and there was concern about the short periods he had spent in his previous council roles.

The former town clerk said the chief executive's role went beyond the town clerk's statutory duties, involving managing the weekly town market and leading a project to revive the town's seawater baths. The authority has a budget of £1.2m and 20 full and part-time staff.

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 10 years’ experience on applicants.

Judge Dawson 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.

Following the judgement, Cllr Colm 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 administrational 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.”