Is she (really) up to the job?

Recruitment concerns

You know that during any recruitment process there are certain questions that you must stay well away from asking, particularly with regards to any female candidates.

Like what? For example, you can’t go asking them if or when they intend to have children, or if they “plan to marry anytime soon”. These are no-go areas and such queries will always amount to sex discrimination.

Forgot his own advice

But it seems that one solicitor may not quite know the law in this area as well as you do. Mr Dutson (D) worked for Eversheds - a leading law firm. A female solicitor applied for promotion and it was a well-known fact that she had a child. Nevertheless, D e-mailed his colleagues on the selection panel querying how this particular lady could ever “balance work and a child”.

Let’s catch her out

That’s bad enough, but it gets worse. D went on to ask the others for help in devising a set of specific interview questions that would establish both the individual’s “commitment to the job” and the “hours that she would be prepared to work”.

No part in it

This led to one of the other interviewers pulling out of the recruitment process as he felt the candidate’s prospects had been “compromised”. He also made a formal complaint about D’s comments. An investigation was launched and he subsequently left under a cloud.

And her?

The lady made it through the selection process but for reasons unknown, eventually withdrew her application. However, as with any job candidate she had the right to request disclosure of all documentation relating to the recruitment process under the Data Protection Act 1998. Had she done this, D’s e-mail exchange would have needed to be disclosed to her.

Wrong again

Asit’s most unlikely similar questions would have been raised about a male candidate, she would have been able to argue that she’d been put at a distinct disadvantage to them. Again, that would amount to sex discrimination, and Eversheds could have had a very expensive and time-consuming tribunal claim on their hands.

Trap. It’s unlawful for an employer to use the excuse that a female candidate has children (or may want to have them) as a reason to reject her for a job.

Tip 1.A way around this is to quiz all candidates: “Where do you see yourself in five years’ time?” This is non-gender specific and it could help to shed some light on ambitions and career aims. Any hesitation, or apparent lack of commitment, could set alarms bells ringing and give you a reason not to make them a job offer.

Tip 2. Never write anything down about an applicant that you wouldn’t want them to see later, be it a concern raised in an e-mail, or a scribbled note about them made during an interview, e.g. “young - may get pregnant soon”. Whilst you may think it, don’t ever be tempted to say it or point it out in black and white.