An employment judge has ruled that employers can legally turn down a candidate for a job if they support a rival football team to their company's existing staff.

At a hearing in Croydon, Judge Daniel Wright suggested that an interviewer should be permitted to reject an applicant who is a supporter of Tottenham Hotspur if the rest of the office was overwhelmingly full of Arsenal fans.

The decision, though charged with partisan football connotations, was delivered with regards to a case that actually had nothing to do with either team and, in fact, nothing to do with football itself. Mr Wright was hearing a case brought to the court by Russian national Maia Kalina, who claimed that she was not hired by Digitas LBI during a final round of interviews because she was not outgoing and did not enjoy going to the pub.

“There may be times when it is perfectly lawful for an employer to decide that somebody just will not be a fit with the team and that therefore it would be difficult to work together."

She claimed that the interviewer, Stephanie Hill, decided not to hire her because she did not like to curse or go drinking with colleagues. Ms Kalina had cited personal reasons, including severe anxiety and depression, as reasons why she preferred not to drink and socialise.

Ms Hill told the tribunal that the hiring decision "came down to who was the better fit in the team”, adding that she “vibed” more with the successful candidate.

However, Mr Wright dismissed Ms Kalina's claims, saying: “We have two candidates who were both considered appointable. They were pretty evenly matched, with their own particular strengths. I see nothing wrong with looking at who would fit into the team better as long as the assessment is done with caution.”

“In this case, [Ms Kalina] relies upon a stereotype of British people being outgoing, enjoying going to the pub, and being relaxed swearing whereas she is more restrained as she comes from a cultural background where going to the pub is not a big thing and swearing is frowned upon."

“There may be times when it is perfectly lawful for an employer to decide that somebody just will not be a fit with the team and that therefore it would be difficult to work together."

“An example of this could be a small company where everybody who works in the office is an ardent supporter of Arsenal football club, and they decide to pick an Arsenal fan at interview over a similarly qualified Tottenham Hotspur season ticket holder because they do not want to damage the harmony of the office.

“The decision there would be lawful (albeit taking the example to the extreme would not necessarily be good for business).”