Most employers still use interviews to select the person they will appoint. When planning an interview, there are several legal and practical considerations to bear in mind.
- It is sensible to let candidates know not only when and where the interview is to take place but also how long it is likely to last.
- The office where the interview is to be held should be quiet, and steps should be taken to ensure that there are no interruptions.
- If any of the candidates to be interviewed is disabled, it may be necessary to consider whether any adjustments to the interview process need to be made, such as holding the interview in a brightly lit or wheelchair-accessible room, or providing a sign-language interpreter. (Government funding through the Access to Work scheme may be available to meet the costs of adjustments to the interview process) (government assistance ).
- In order to avoid allegations of any kind of unlawful discrimination, it is advisable to have two representatives of the company present at the interview, wherever practicable, to minimise the possibility of conscious or unconscious bias.
- If two people are to interview, it should be agreed in advance which areas are to be covered by which interviewer.
In planning the questions that they intend to ask, interviewers should identify what information they already have about the candidates and what further information they need. If the job requires specialist knowledge, this area in particular may need to be probed.
In order to avoid discrimination, it is advisable to ask broadly the same questions of each candidate, but individualised questions may also be needed to follow up on unsatisfactory answers or to address the particular circumstances of an applicant. In order to encourage the applicants to talk, interviewers should avoid closed questions, which elicit 'yes' or 'no' answers, unless the intention is merely to confirm some piece of factual information. Rather, questions should be open, giving the candidates the opportunity to express themselves fully. Candidates should also be given the opportunity to ask questions about the post and the company. As a rule of thumb, interviewers should aim for the candidates' contribution to take up 80 per cent of the interview time.
Interviewers should ensure that questions are relevant to the candidates' suitability for the job and do not stray into irrelevant personal details. In particular, asking female candidates about their marriage plans, intention to have children or childcare arrangements is inviting a sex discrimination complaint. Even if the same questions are asked of male candidates, an employment tribunal will recognise the sex-based assumptions behind them. A candidate's ability to meet a job requirement can be tested by a direct question. If, for example, an interviewer wants to confirm with candidates that they are able to meet the extensive travel requirements of the job, that could be done by saying to all candidates 'This job involves a considerable amount of travelling. Will you have any problem in meeting that requirement?', rather than by asking female candidates only: 'Who is going to look after your children if you have to go away on business?'.
Questions to disabled candidates about their impairment should be asked only if they are relevant to their ability to do the job or the scope of any possible reasonable adjustment (duty to make adjustments ). The interview may be a good opportunity to explore with a disabled candidate what reasonable adjustments could be made to the job or the working environment to enable him or her to do the job effectively.
It is advisable to keep notes of what is said at interview, in order to help make the decision on whom to recruit. A written record should also be made of why each applicant was or was not appointed. Written records will make it easier to defend any subsequent allegation that the recruitment exercise was discriminatory.
The Data Protection Code makes the point that personal information collected and recorded in an interview should be relevant to the job and not in excess for what is needed for the purpose of making a recruitment decision or defending the recuitment process against challenge. Under the data protection legislation the interviewee may have the right to see the interview notes (subject access rights) , so care should be taken to avoid recording irrelevant comments that might be taken to indicate discrimination.
Since a contract of employment can be formed by the oral offer and acceptance of a job, interviewers should ensure that they do not use words that could be construed as an offer, unless this is what they intend. In most cases, and particularly where the job offer is to be made subject to conditions such as satisfactory references, it is advisable for an interviewer to say no more than that he or she will recommend that an offer be made. Interviewers should also bear in mind that promises made to successful candidates at their interview can end up as part of their contract of employment. Statements made at interview can also be used as evidence of the terms of the contract if there is subsequently a dispute about its content.