Employers also have obligations to job applicants

A recent ruling by an Employment Tribunal serves as an important reminder to employers of their obligations to job applicants and not just their employees. Aurelie Fhima pursued a claim for indirect discrimination on the grounds of religion against Travel Jigsaw after being turned down for a job after revealing she observes Shabbat – the Jewish day of rest which lasts from sundown on Friday until sunset on Saturday preventing work of any kind. After her interview, Travel Jigsaw sent her a letter saying:-

‘After careful consideration we cannot offer you a position. We are still looking for people who are flexible enough to work Saturdays’.

Ms Fhima asked Jigsaw Travel to review its decision. When the company refused to do so, Ms Fhima pursued a claim on the grounds of indirect discrimination on the grounds of religion.

The Employment Tribunal Judges found in Ms Fhima’s favour, awarding her almost £8,000 for loss of earnings, £7,500 for injury to feelings and £1,200 in tribunal fees.

If you would like to find out more about this or any other employment issue, please contact me.

Kate Garrett
Solicitor

Head of Employment Law

To find out more about Kate, click here
To contact Kate call 0121 693 2222 or click here