Recruiting new employees can be a long-winded process.
Employers must consider the law including discrimination, data protection and more at all stages the process. From defining and advertising the role to the selection and interview phrase.
Knowledge of your obligations is especially important during the interview stage. This is to avoid claims of discrimination.
Under the Equality Act 2010, there are nine characteristics protected from discrimination. This means you mustn’t discriminate against individuals because of any of the characteristics. They include:
- Age.
- Sex.
- Gender reassignment.
- Marriage or civil partnership status.
- Sexual orientation.
- Region or belief.
- Nationality.
- Disability.
- Pregnancy or maternity leave.
What does it mean for recruitment?
During the recruitment process, it’s illegal to discriminate against a candidate for having one or more of the protected characteristics. This includes for their race, nationality and gender.
To avoid discrimination claims, your questions should be consistent across the board. Your interview questions should also be applicable to all interviewees no matter what group they fall into.
It’s important to remember that candidates aren’t required to declare a disability or health issue if they don’t want to. If they do open up about a disability or health issue before the interview, then you’ll be expected to make reasonable adjustments that will make the candidate more comfortable at the interview.
You should also avoid asking questions about the age or date of birth of the candidate. While some employers find a way around this (by asking questions related to retirement age etc), remember that you can’t discriminate against an applicant based on their age. You’re better off asking about their level of experience.
Sample question
| Example of questions not to ask | Examples of questions to consider instead | Note |
Where are you from? Where did you live while growing up? | Do you speak any other languages? | Their Nationality has no bearing on the role. You should focus on their skills and qualifications instead. |
Are you married? What does your wife do for a living? | Do you have any other commitments that could affect your ability to do your job? | Marriage or civil partnership status. |
How old are you? | Are you over 18? | Some job roles have age requirements so it’s not unlawful to ask in such situations. |
How often do you take sick days? | Do you require any specific equipment to able to do your job effectively? | Disability |
Do you have any criminal convictions? | Try to avoid this line of questioning unless relevant to the role. | Allowed in security clearance is required. |
Do you have children? How old are your children? | Do you have any other commitments that could affect your ability to do your job? | This question relates to marriage or civil partnership status. You can ask about the number of children and ages after hiring (for insurance purposes). |
Are you in debt? | Try to avoid this line of questioning unless relevant to the role. | Certain financial-based questions are allowed for wage payment, stock options etc. |
What religion are you? Will you need time off for a particular religious holiday? | Avoid this line of questioning. | An employee’s Region or belief shouldn’t be the bases for determining if you’ll hire them. |
Are you in a trade union? | Avoid this line of questioning. | Candidates aren’t required to share this information unless it directly relates to the role they’re applying for. |
Questions relating to weight, height and other physical attributes. | Avoid this line of questioning. | Candidates aren’t required to share this information unless it directly relates to the role they’re applying for. |
What are your sexual preferences? | Avoid this line of questioning. | Sexual orientation |
Are you pregnant? Are you planning on starting a family? | How long do you plan on staying with us? Do you have any planned leave? | Could count as discrimination on the bases of pregnancy or maternity. |
Conclusion
Interviews are the perfect way to find out more about potential candidates. It provides you with the opportunity to see if they’re the right fit for your company and if the share your goals and values.
While the process may be stressful for both interviewer and candidate, the law was put in place to protect everyone involved.
Although this isn’t an extensive list of questions that might come on, it’s a good start. You must follow the regulations in place when conducting interviews. If you are found to be in breach of any of the legislation surrounding discrimination, you could be liable to face an employment tribunal.
It’s a good idea to have policies in place that addresses discrimination in the workplace. An equal opportunities policy reflects the values of your company and attracts the type of candidates that share your values.
Guest blog for 360 Apprenticeships written by Ibrahim Kareem. Ibrahim is an SEO and Outreach Executive with 10 years of knowledge and experience.