19 Jul 2023
In this day and age, with employment legislation continuing to make life as an employer a challenge, you need to be more careful than ever about what you ask your candidates at an interview. Make sure you always keep your questions related to a candidate’s ability to do the job. To help keep you on the path of least litigation, here are a few questions you need to avoid:
What is your date of birth?
Whilst you might need to know that a candidate is over 18, for example because of laws about selling certain products, that’s all you need to know and you should refrain from going any further.
Age discrimination is one of the protected characteristics under the Equality Act (2010) and any implication that someone may lack the maturity to take on a particular role because of their age can open the company up to potential litigation for discrimination.
At the opposite end of the spectrum, asking someone how old they are may carry an implication that they may struggle to get to grips with new technologies that they haven’t been taught yet. There is still very much a “You can’t teach an old dog new tricks.” mentality in some workplaces.
What is your sick record like?
Employers should not ask questions about a candidate’s health before a job has been offered. Even in the case of physical jobs, you need to tread very carefully. If you have any concerns about a candidate’s physical ability to do a job, then you can ask them if they would have any specific needs to help them carry out the job effectively.
You should be able to ask whether there are any reasonable workplace adjustments that they would like to help them in their job. This bespeaks care for employees and the will to help them to succeed in the post, rather than questions their ability to do it in the first place.
What are your home circumstances? / Are you married? / Do you have any children?
All of these questions could be classed as being of a discriminatory nature, and none of the answers would give you any real idea about someone’s ability to do a job, so steer clear! Answers can lead to judgments about parenthood, sexual orientation and maternity, and if asked at interview, could lead to a claim landing on your desk.
All of the above-mentioned areas are rightly protected characteristics under the Equality Act (2010) and should therefore be left well alone. Anything that can lead to judgements to be made on criteria outside of them having the skills needed to do the job should be avoided.
There are of course many other questions you should avoid at an interview, but these are the main ones which give rise to concerns. If in doubt, just give us a shout and we will be happy to keep you right.
You can always refer to the Equality Act 2010 if you want to read up on the details.
