Employment law SOS: job interviewing

Caution should be exercised in interviewing job applicants to ensure that the interviewer does not unlawfully discriminate against the candidate through the questions asked. The risk of inadvertently discriminating will be reduced if interviews are conducted strictly on the basis of ability to do the job, with reference to objective criteria linked to the requirements of the role. Problems often arise through interviewers making stereotypical assumptions about candidates and questioning candidates about their personal situation, rather than focusing on their ability to do the job. For example, asking a candidate questions irrelevant to the role itself, such as childcare arrangements, living arrangements or plans to get married or to have children, could give rise to claims of sex discrimination. Asking a candidate their age or particular aspects of their health when this does not relate to any particular requirement of the role could give rise to claims of age or disability discrimination. Sometimes candidates will volunteer personal information not related to the role, and it is important that interviewers do not allow their assessment of the individual to be influenced by that information. In carrying out interviews, it is recommended that questions are therefore asked based around objective criteria for the role, for example those contained in job descriptions and person specifications. Making a record of the interview and the assessment of the candidate is also recommended, to demonstrate, if challenged, that the selection decision was solely based on objective evidence of the candidates' ability to do the job, rather than any factors that could be deemed discriminatory.