LEGAL UPDATE – Which? highlights discriminatory recruitment

Which? highlights discriminatory recruitment 

Many employers are still asking discriminatory questions on application forms and in job interviews, according to the consumer group Which?, during the launch of the latest edition  of the Which? CV and Interview Handbook.

Which? claims there is still widespread confusion about what potential employers can and can’t ask on application forms and when interviewing candidates. As a result they risk alienating candidates as well as being taken to employment tribunals to face damaging discrimination claims.    

Which? highlights that particular issues exist about age-related questions which potentially maybe discriminatory, but which could be justified because the law allows employers to discriminate in certain circumstances if there is a legitimate business aim and the response is proportionate. If this is the case, then the employer should explain the reason why the question is being asked so the candidate understands the context. 

According to Which?, the most commonly asked questions which could cause problems are: 

  • Are you planning to start a family soon?
  • How old are you?
  • Are you married?
  • Are you gay?
  • What are your childcare arrangements?
  • Are you a member of a trade union?
  • What are your religious views? 

Which? advises candidates facing such questions to politely decline to answer.  

Details of the book can be viewed at:
http://www.which.co.uk/portals/P/books/index.jsp 

It is perhaps surprising that confusion still exists when the risks associated with discrimination are so high. SM&B have run a number of in-house training workshops, either as a half-day or a ‘bite-size’ two hour session, on Avoiding Discrimination in Recruitment for the benefit of managers and HR professionals. Contact Makbool or Ewan if you would like further information.

 

 

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