What not to ask

With the raft of employment legislation that is in place to ensure that employees are not discriminated against prospective employers need to ensure that they do not overstep the mark. Legislation exists to prohibit discrimination on the grounds of race, sexual orientation, disability, religion or beliefs, and more recently age. According to employment law specialists, Empire HR, it is more important than ever that employers are properly prepared for interviews to ensure that they do not ask any inappropriate questions and that they make fair selection decisions.

Louise Mackie, employment law advisor of Empire HR comments, ìThe most recent legislation to come into effect which impacts recruitment and selection is the Employment Equality (Age) Regulations 2006. These came into effect on 1 October 2006 and prevent employers from discriminating on the basis of age. In terms of interview questions there are a host of topics which interviewers must avoid as they may otherwise find themselves accused of discrimination.î

Employers sometimes assume that if a question is asked of all candidates then it is acceptable however as Louise explains this is not necessarily the case. ìIf the information which is given by the candidates is used in the wrong way then it may still be discriminatory.î

According to Louise questions that employers should not ask at interview include, questions relating to the candidates age, marital status, ethnicity, religion or beliefs or sexual orientation. Employers may need to ask candidates for information in relation to any health conditions which are relevant to the job. ìEmployers may ask for this information prior to the interview as it may be necessary to establish if the are any adjustments which are required for any disabled applicants.î

Louise suggests that it is essential to provide employees conducting interviews with appropriate training. ìIt is also advisable to use structured or semi structured interviews where the company has prepared standard questions which will be asked of all candidates.î

ìThe interview questions should surround the competencies required for the job and should focus on the attributes and behaviours needed to succeed in the job, based on an accurate and up-to-date job description,î continues Louise. ìIt is also advisable to have the questions reviewed prior to the interview stage by more than one member of staff to determine whether or not any of the questions may come across as discriminatory or inappropriate. We also recommend that each candidatesí answers are scored according to an agreed rating system.î

ìEmployers may also want to investigate combining the traditional interview with additional recruitment methods,î suggests Louise. ìAlternatives include the use of assessment centres where candidates are tested on a range of work related activities, psychological/occupational testing and online recruitment. Studies have shown that these methods in conjunction with the traditional interview can have a higher validity than interviews when predicting future job performance.î

Empire HR provide commercially focused employment law and HR support service including a telephone advice line, HR Consultancy, employment tribunal insurance and health and safety support for businesses across Scotland. Empire HR can be contacted on 01224 701383 or at www.empirehr.com.