There are some questions I want to ask but I’m not sure if they are discriminatory. What should I do?
If in doubt, don’t ask the question! Prepare thoroughly as to what experience, skill, conduct, attitude and behaviours you want to see displayed and make your decisions based on competency and how the personality will fit within your organisation.
How can I prepare for the interviews?
Use a structure or framework that helps you keep on track. Prepare some general questions that you can ask each applicant that will lead on to more specific questions about them personally. Having a structure also helps you keep to time and ensures you don’t miss anything out.
Can I ask an applicant if they are intending to have children?
No. You can only ask applicants about their abilities to do the job. If they give you information that leads you to believe they may want to take time out for child-related reasons and you decide they are not right for the job, you must be absolutely certain of the reasons why they have not been successful in terms of not meeting the job description and that you can defend any subsequent tribunal claim that they were refused the job because of the information they volunteered.
Can I ask applicants to complete a medical questionnaire as part of the application process?
No. You can only ask an individual to complete a medical questionnaire once you have made an offer of employment and they have accepted that offer. You should make your offer of employment subject to a satisfactory result from the questionnaire. You should not review the questionnaire yourself – you should arrange for a medical professional to review the questionnaire against the job description and ask the medical professional to give an informed opinion as to whether there is anything that might significantly impede the individual’s ability to do the job. Take great care if you intend to withdraw an offer of employment on medical grounds – IT IS STRONGLY RECOMMENDED THAT YOU SEEK ADVICE FROM AN EMPLOYMENT LAW SPECIALIST FIRST.
