A study by RecruitSure.com has found that 80% of managers do not receive formal interview training before conducting their first interview for new recruits (on the Chartered Management Institute website). The study also found that 34% of interviewees have been asked an unlawful question at interview in the past 12 months. This is concerning as rejection of an applicant for a job on a discriminatory ground, including sex, race and disability, is unlawful.

For example, employment tribunals have taken the view that, certain questions asked of a female candidate, such as marriage plans or childcare arrangements, indicate an intention to discriminate. Instead, employers should concentrate on an applicant’s ability to do the job. Therefore, instead of asking whether the applicant intends to get married over the next five years, they could be asked what their general goals and aims are for the next five years.

Another way to help avoid the risk of asking a discriminatory question includes asking open rather than closed questions to enable a candidate to answer the question with reference to their skills and experience.

Our line manager briefing on interviewing [subscription required to read full briefing] contains comprehensive guidance on recruitment interviewing to help avoid the risk of discrimination.