It’s not just applicants who fret about job interviews, but interviewers too – not least because of the labyrinth of discrimination laws. The increasing range of discrimination law is making it more important than ever for employers to follow tight procedures – including when recruiting staff.


Naomi Marks outlines the dos and don’ts of recruitment interviews.

Interviews don’t only make job applicants nervous. Those doing the interviewing can feel uncertain when approaching them, too, with pressure to find the right person and anxiety about the consequences of selecting someone unsuitable.

Worse still is the possibility that a badly-phrased question or poorly-justified decision will lead to a complaint and possibly expensive legal action. The range of discrimination law employers have to negotiate has doubled since 2005, with legislation banning discrimination on grounds of sexual orientation, belief and age added to laws outlawing sex, race and disability prejudice.

“With six strands of discrimination legislation now in place, companies have to be very careful,” warns Carole Sayer, training manager for Acas.

Be prepared

Before the interview, work out from the job description and person specification the precise information you will need from your candidates. Then devise only relevant questions.

Follow the same format with each interviewee and ask open questions – don’t, for example, ask whether the candidate enjoyed their last job; rather, ask them to tell you of an enjoyable aspect of their last job. They should do most of the talking.

“Ask the same questions of everybody,” Sayer advises. “You can dig deeper in response to answers but your digging should remain relevant.”

If you are testing practical skills, all candidates should have the same exam, and your marking system for both the questions and test should assess candidates impartially. This will reduce the possibility of bias or reliance on snap decisions.

When candidates arrive, ensure they are greeted and shown the way to the interview room. Sayer advises relaxing candidates by opening interviews with a general question. You could, for example, ask them about their journey in.

Avoid stereotypes

The difference between a discriminatory and a non-discriminatory interview could simply be in the way you phrase your questions. “Never make stereotypical assumptions or ask leading questions,” stresses Sayer.

“For example, if travel is an aspect of a job, don't ask a young woman: ‘How are you going to travel if you have a young family?’. Ask all candidates: ‘As you can see from the job description, the successful candidate must travel. Is there anything that could stop you doing that?’,” she continues.

Making a fair and accurate note of responses is essential. Be aware that in certain circumstances your interview notes may be demanded under data protection legislation.

“If someone claiming discrimination says they weren’t selected because you wanted someone younger, for example, you need to have evidence that recruitment was on merit alone,” Sayer notes.

At the end of an interview allow candidates time to ask their own questions, and never give anyone the impression they have the job. “Instead, tell every candidate when you expect to come to a decision and exactly how you expect to contact them,” Sayer concludes.

• Read the Acas guide to recruitment interviews
• To find out more about interviewing, read Business Link’s Recruitment and getting started pages

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