Employer discriminated because of pre-employment Google search

Zoe Ingenhaag of Lewis Silkin explores a recent Employment Tribunal decision which highlighted the dangers of ‘googling’ a candidate.

Whether it is information gleaned from references, or a back story brought to light from a Google search, how to deal with information uncovered during a recruitment process can be tricky for employers. You need to ensure the factors you are taking into consideration are legitimate, and the decision you make is fair and lawful. The recent case of Ngole v. Touchstone Leeds(1) highlights the difficult balancing act for employers if adverse information comes to light in a recruitment process.

Legal risks

Considering this topic in general, there are a number of specific legal risks to keep in mind (not all of which were relevant in Ngole case):

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