As the economy continues to recover and unemployment falls, it stands to reason that more and more people will be having and conducting interviews – and more and more people could be falling foul of government guidelines and employment laws.
We all know that there are certain questions that can’t be asked during an interview or the job application process. Sexual orientation, religion and race are the most obvious topics to avoid unless you want to face a discrimination case. However, there some questions that you may need to ask but which could land you in a spot of bother if you’re not careful about how you word them.
To help you navigate the minefield that is employment law experienced solicitor, John Howe, has put together a few alternatives for the questions you can’t ask, but really want to…
Children
Although in most circumstances, asking a woman if she is pregnant, or plans on getting pregnant, will most likely get you in a lot of trouble, there are circumstances when it’s genuinely a pertinent question. For example, a position that involves heavy lifting, or where the candidate may come into contact with radiation is obviously not a role suitable to a pregnant person.
At interview stage, prior to offering the job, you can’t ask a candidate (regardless of gender) about children or marriage status, although once they’ve accepted an offer it falls into the realm of small talk.
Don’t ask: Do you have or plan on having any children? Do you have childcare? How long would you take for maternity leave?
Do ask: Could you work overtime occasionally? You would be required to travel at short notice, would this be an issue for you? What are your long term goals in life?
Lifestyle
Although strictly speaking, what an employee does outside of work shouldn’t affect their suitability to the role, there are situations where it may affect their motivation or ability to complete tasks to the highest quality. Substance abuse, political opinions and criminal convictions may impact on a person’s motivation to complete a job, but you can’t ask them directly about any of these things during an interview. What you can do is include a question about criminal convictions on the application form, provide guidelines regarding professional conduct and, once you have made a job offer, you could discuss current affairs with the applicant to gauge their opinions on political matters.
Don’t ask: Are you member of any societies or clubs? Do you smoke? How much do you drink? Do you have any criminal convictions?
Do ask: Are you a member of any professional organisations? Do you have any commitments that may require extensive periods of time away from work? What are your interests?
Health
It’s obvious that no business would want to take on an employee who wasn’t able to turn up for work or would need to take time off regularly. Nevertheless, asking about even strikingly obvious illness or impediments is illegal and is viewed a potential source of discrimination.
One way to establish if someone suffers from regular bouts of ill health is to ask a candidate if they can explain any gaps in their CV. It’s best to ask about their ability to meet the requirements of the job without directly relating it to their disability or illness.
Don’t ask: How many sick days have you taken? Have you had any recent illnesses? Do you have a family history of illness? Will your disability stop you doing the job as well as others?
Do ask: Can you explain this gap in your employment history? How many unscheduled days off work did you take last year? Are you able to reach the top shelf if required to refill stock? Can you lift the average weight of our products?
You can visit John Howe’s website here.
