As the Apprentices take their place around the boardroom table for the last time, bosses in Nottingham are being warned that using Sir Alan’s bullying interview tactics in the real world would probably get them sued for discrimination.
Tony Russell, Head of Employment at Fraser Brown Solicitors said, “There is a whole raft of unwritten rules governing interview and employment practice, from how you advertise the position to the feedback to offer. For the unwary or uninformed, these rules can be a minefield.”
Sir Alan came under fire earlier this year for comments relating to discrimination in the workplace after he admitted he would probably not hire a woman who had children and claimed that those requesting flexible working hours were probably skivers. Employers also need to be aware of laws covering age discrimination and ensure candidates are judged on the merit of their achievements rather than their date of birth.
“These are key areas to watch out for”, added Tony. “Interviewers must make sure not only that their actions don’t discriminate but also that they could provide the documentation to prove this if their processes were scrutinised.
“This includes things such as a detailed job description that can be used to assess each candidate and an equal opportunities policy – that not only exists but is actually applied. Make sure that no discriminatory language is used either in the job advert or in the interview, for example asking questions of a female candidate that would not be asked of a man, like whether she has any plans to have children.”
Even the location and timing of the interview should be considered, as if it is unsuitable for disabled applicants to access or difficult for those with childcare or religious appointments to attend, this too can be regarded as discriminatory.
If in doubt, conduct interviews with a representative from both the business and HR present, and take direction from HR before starting the process.
Fraser Brown is a dynamic law practice working at premises in Nottinghamshire through its branches in Nottingham, Radcliffe on Trent and Bingham.
Its philosophy is to deliver superior legal advice through a personal and highly professional service for both commercial and private clients. Since 1990, Fraser Brown has acquired eight established and respected local firms as part of its major growth strategy for doing business in the 21st Century.
Fraser Brown is one of the region's longest established firms of solicitors. Over the last 12 months, it has experienced significant growth in areas such as property, contract work, construction and general litigation.