Employment lawyers have warned recruiters could face tribunal cases being brought against them and potentially unlimited fines if they were to do so.

Earlier this week, the government launched an online database that enables people to find any decision on employment tribunal cases in England, Wales and Scotland.

But Christopher Tutton, partner at law firm Constantine Law, warned recruiters to exercise caution if they use the new service to screen job applicants by finding out any past involvement in litigation.

Tutton told Recruiter: “Recruiters need to be very careful about this as it could leave them exposed to claims of discrimination, victimisation or whistleblowing if they screen candidates for this reason.

“The damages that can be awarded for such claims are uncapped and can be very considerable for highly paid employees.

“The new online database will also mean that employers and recruiters will face increased awareness of their employment litigation. This could lower their reputation in the eyes of clients and candidates.”

Meanwhile Dr Sybille Steiner, partner solicitor at law firm Irwin Mitchell, told Recruiter agencies using the government’s new service to screen out candidates perceived as “trouble makers” could be seen as a form of “blacklisting”.

“In a recent decision, construction companies were ordered to pay around £10m to building workers who had been blacklisted and who were then unable to gain employment in the industry.

“Candidates who are subjected to discrimination and ‘blacklisting’ may be able to bring a claim in an employment tribunal for compensation for such action.”

But David Whincup, partner at law firm Squire Patton Boggs, told Recruiter whether recruiters risk having a tribunal case brought against them depends on what kind of litigation the candidate brought previously.

“If you find the individual you were thinking of recruiting has previously claimed discrimination, then a decision on that basis not to take their application further could run the risk of being unlawful victimisation.

“On the other hand, if you find that the person you were thinking of hiring has claimed something else, such as unfair dismissal or breach of some other non-discriminatory point, then the victimisation regime doesn’t apply and you wouldn’t then be at risk.”