The Law
Various anti-discrimination laws apply throughout the entire process of recruitment, including the selection interview process.
Employers are liable in law for any discrimination carried out by their employees in the course of their employment with them. So if a Manager who is conducting a recruitment interview does or says anything that could be construed as discriminatory, the employer will be potentially liable to pay compensation if a successful complaint is subsequently made to an employment tribunal.
A potential candidate who believes that he or she has experienced discriminatory treatment during the process of recruitment has three calendar months from the date of the alleged incident to lodge a claim with a tribunal.
There is no limit on the amount of compensation that can be awarded by tribunals in discrimination claim.
In 2005 the average compensation for discrimination award was £14,288
A potential candidate has protection against discrimination on the ground of:
sex
transgender status (i.e. where a job applicant has had a sex change or is in the process of changing sex)
pregnancy
being married or a civil partner
colour, race, nationality, ethnic origins and national origins
religion or belief
sexual orientation
age
disability
The general principle is that all job candidates must be treated equally, irrespective of sex, race etc.
Advertising
Do remove age limits from job adverts, so no-one is discouraged from applying because of their age.
Do use language and pictures to appeal to wide age groups.
Do avoid phrases like 'applicants should be 25-35 years of age', ‘young graduates’, ‘mature person’ - they are discriminatory.
Do publicise your vacancies in ways most likely to attract people of a variety of ages – consider national and local newspapers, free papers, internet, jobcentres, community and business networks.
Don’t forget that older people increasingly make up a bigger proportion of the population. Ignoring this will reduce your choice of potential candidates.
Do avoid specifying a minimum length of experience such as 10 years, as this disadvantages younger workers. The quality and relevance of experience is important - not the number of years.
Do avoid phrases like 'only people with GCSEs need apply'. That would rule out many older people who left school before GCSEs were introduced, even though they may have the necessary skills.
Application forms
Do remove date of birth and put it on a separate monitoring form that interviewers don’t see. Asking for age-related information on an application form could allow discrimination to take place.
Do review your application form to ensure that you are not asking for unnecessary information about periods and dates and personal information on dependants.
Short listing Process
Do ensure you have a job description and person specification that reflects the job and skills required.
Do ensure your short listing criteria is fair and robust and could withstand scrutiny by an Employment Tribunal. Scoring against relevant job criteria.
DO’S AND DON’TS IN RECRUITMENT Do remember that the purpose of a recruitment interview is to assess the skills, experience and general background of job applicants in order to make a decision on which candidate is the most suitable person for a particular job.
Do structure questions to explore facts and prepare a list of core interview questions to be asked of all applicants for a particular post. This approach ensures consistency and fairness because all interviewees will be given an equal opportunity to sell their skills and abilities.
Do not, however, restrict yourself to asking only these questions, as there will also be a need to ask questions that are specific to a particular applicant, for example to clarify something vague or ambiguous on an application form or ask about a gap between jobs.
Do be prepared at the interview to ask further unplanned questions these will be necessary in order to follow up or probe any relevant matter raised or hinted at by the interviewee.
Do avoid bias. An interviewer has a duty to conduct selection interviews fairly and without bias for or against any particular candidate. This is harder than most people think, because all human beings are affected by bias and prejudice, and these often operate at a subconscious level.
Do recognise that candidates from different racial backgrounds may have different ways of communicating their achievements at a job interview. For example, candidates from certain ethnic backgrounds may, on account of their racial or cultural background, be relatively reserved as regards their experience and achievements. Another point to be aware of is that in some cultures it is considered impolite to make direct eye contact with a person in authority.
Do guard against the 'halo effect'. This occurs when something about a job applicant creates a favourable first impression on the interviewer with the result that he or she may not be able to view the candidate's suitability for the job objectively or recognise any negative elements in his or her background. The interviewer might, for example, find the applicant's manner, accent or appearance pleasing, or might discover that he or she attended the same school or university as the applicant.
Don't be influenced by stereotypes, for example assuming that older candidates will not be capable of undertaking training in new technology.
EFFECTIVE QUESTIONING TECHNIQUES
Do design questions to check facts, obtain relevant information about each applicant's background, test achievement and assess aptitude and potential.
Do ask specific questions on matters such as the applicant's work experience, qualifications, skills, abilities, ambitions and strengths/weaknesses.
Do ask open questions, i.e. those beginning with 'what', 'which', 'why', 'how', 'where', 'when' and 'who', rather than closed questions inviting only a 'yes' or 'no' answer.
Do ask questions that are challenging, but don’t ask them in an intimidatory or aggressive tone or manner.
Do ask questions that require the applicant to give examples of real situations that he or she has experienced, for example: 'Tell me about a time when you had to discipline a member of your staff. How did you handle it?'
Don’t ask questions about the candidate’s marital status or marriage plans; childcare arrangements; general family commitments and/or domestic arrangements; actual or potential pregnancy/maternity leave; their partner’s occupation and mobility.
Instead, questions that explore the applicant's ability to perform the job should be asked.
Don't say / Do say
Are you planning to get married/have a family in the next few years? / What are your general aims and goals over the next three/five years?
Who would look after your children if you were asked to travel away from home on a business trip? / The job would involve travelling away on business trips approximately [x] times a year. To what extent would you be able to comply with this?
If we needed you to work late at short notice, how would this affect your childcare arrangements? / The job might occasionally require you to work late at short notice. How would you respond if asked to do this?
How would your husband feel if we asked you to relocate to a different branch of the company? / How would you feel if we asked you to relocate to a different branch of the company?
Do keep interview notes, an absence of any records may lead an employment tribunal to conclude that the whole recruitment process was conducted in a random, subjective way.
Offer of Employment
Don’t believe that there is no contract of employment if nothing’s in writing. Even a verbal contract is binding
Do ensure you put the offer in writing detailing all the terms and conditions of employment i.e. offer is subject to receipt of satisfactory references and medical clearance.
Do make it clear what holiday/benefits are applicable prior to offer being accepted.
