- Nick Elvin
Students and graduates are facing overly familiar – or bordering on intrusive – lines of questioning during interviews, according to a study by London-based employment law solicitors, Thomas Mansfield.
Questions such as “Do you get PMT?” and “Are you planning on having children soon?” are among those that prospective employees have faced in recent interviews, the survey revealed.
Thomas Mansfield is warning that what may be considered friendliness or ‘banter’ by some recruiters could be perceived by candidates as discrimination or offensive behaviour, leaving companies open to legal consequences.
HR professional, Renae Jackson, of Search Laboratory explained: “Discrimination can occur during the candidate screening stages, the interview process and really anywhere throughout the remainder of the employee life cycle.
“So the laws are there for the right reasons. Even the most well-intentioned employer can unwittingly leave themselves open to litigation though. HR professionals must taking care to consider things like spell check facilities for candidates on the recruitment website and make sure that nothing will either directly or indirectly disadvantage applicants with a disability.”
UK employment law sets out what can and cannot be said within the interview room, and the repercussions can be severe if a company is found guilty of discrimination.
Meredith Hurst, senior partner at Thomas Mansfield, said that pay-outs can be high and this can even spell the end for smaller businesses. Reputational damage can also be significant, both for the recruiter as a professional and for the company as an employer.
“Employers, without even realising, can ask seemingly innocent questions and be breaking the law,” said Hurst. “However with employment law information so readily available online, there really is no room for insensitive questions or illegal practices.”
Questions respondents to the survey were asked during interviews include:
“Will you be going back to Jamaica to work?” (I’m French)
“Do you get PMT?”
“What do you think about dating someone in the office?”
“Is that a hickey on your neck?” (It was a birthmark)
“When was the last time you did drugs?”
“Would you do this for free?”
“Are you planning on having children soon?”
“Can you wear more make-up next time?”
“Can you flirt with customers to make them stay longer?”