Updated to include information on trends in recruitment selection techniques.
Much attention has been focused recently on alleged discrimination relating to religious attire and whether company dress codes might breach employees' human rights. Now an employment tribunal ruling has shed light on another aspect of the debate - whether or not questions about religious dress during a job interview are permissible. The answer on the facts of the recent case of Begum v Pedagogy Auras Ltd t/a Barley Lane Montessori Day Nursery is yes, explains solicitor Gillian Mair.
The law on recruitment interviewing, including discrimination in interviewing, avoiding discriminatory questions, adjustments to the interview arrangements for disabled applicants and pensions auto-enrolment and prohibited recruitment conduct.
In this case, a job applicant questioned at an interview by a line manager about his history of mental illness in an insensitive and hostile manner was found to have been harassed. However, the applicant, who was ultimately not appointed to the job, was found not to have been discriminated against otherwise because in no sense whatsoever was his illness a factor in the company's failure to offer him the job.
Additional information on the law on recruitment interviewing for local authority employers, including restrictions on involvement in interviewing. To be read in conjunction with the general information on the law on recruitment interviewing.
Line manager briefing looking at recruitment interviewing, including how to avoid bias and discriminatory questions.
HR and legal information and guidance relating to recruitment interviewing.