Think before you open your mouth

Jo Faragher

Despite increased knowledge of employment law among businesses, it seems there are still employers out there that keep slipping up and saying the most inappropriate things.

A study by employment solicitors Thomas Mansfield found that, at interview stage, a number of companies were asking students and graduates questions that, at best, could be described as intrusive, and at worst as downright discriminatory.

Questions included ‘Do you get PMT?’, and ‘Can you flirt with customers to make them stay longer?’ – a conversation you’re more likely to expect on the sitcom The Office than in a real-life interview situation.

As Meredith Hurst, a senior partner at Thomas Mansfield points out, just because the applicant is only at recruitment stage does not mean they can’t bring that employer to a tribunal for discrimination.

Furthermore, there is no cap on pay-outs if the claimant is successful in such a case, so a simple mistake could end up crippling a business.

It’s not just asking unnecessary questions, either. Practical things such as failing to make reasonable adjustments for disabled candidates or ensuring that your careers web page is accessible to everyone can unwittingly land you in hot water if they disadvantage certain groups of candidates.

Recruiters can work with clients on designing the best questions for an interview situation, or helping them overcome any preconceptions or biases they may have. Agencies, too, could be left open to legal ramifications if they make similar mistakes when drawing up shortlists or handling the early interview stages for a client.

Your business might not be able to afford to have a lawyer at the other end of the phone at all times, but there is plenty of information available on the Government website and elsewhere on the web.

Complacency and arrogance in the interview room won’t make you look like an attractive employer, but it could wind you up in court, so think before you speak.