@deliver_els, Author at Employment Law Services (ELS) LTD

World Mental Health Day 2017 – Mental health in the workplace

Posted on 10 October 201712 June 2023 by @deliver_els

What is mental health?

ACAS define mental health as: “The mental and emotional state in which we feel able to cope with normal stresses of everyday life.”

When an individual feels good about themselves they often work more productively, communicate better with colleagues and make a valuable contribution within the workplace.

It is important to note that mental health can vary from feeling ‘a bit down’ to common illnesses such as anxiety and depression to more severe cases such as bipolar disorder and schizophrenia.

It has been reported that mental health problems cost the average UK employer roughly £30bn annually. This is due to lack of production, recruitment issues and absence.

“Although understanding of mental health issues is growing, misconceptions still remain – especially in the workplace. Once thought of as something that happened to an unfortunate few, one in four people are now affected by mental health issues, and employers need to be able to spot the signs. If not, problems may only come to light later on when more serious interventions are necessary.” Joy Reymond, Head of Vocational Rehabilitation Services, Unum.

Therefore, it is encouraged that employers promote good mental health and provide support for employees who are suffering from mental health issues such as anxiety and depression.

This blog focuses on the practical, but less obvious steps that employers should take in order to make a more positive difference to the lives of their employees who may be suffering from mental health issues in the workplace

Recognise that all employees have mental health

It is important that employers identify that all employees have mental health, in the same way an individual has their physical health. Both can deteriorate from good to bad depending on circumstances that may be going on in and out of the working environment.

Keep in contact with employees who are off with a mental health issue

It is crucial that employers find the right balance when keeping in touch with an employee who is off sick. Further, employers should be aware that the longer an employee is off with a mental health issue, the less likely they are to return to work. This is because they will begin to loose confidence and feel kept in the dark from the business.

In addition, employers should help their employees with access to medical services. By helping the employee take medical action as early as possible will see the employee return to work sooner than later.

Culture

Employers should develop a mental health policy, by doing this employee’s will be reassured that the business cares for their wellbeing. In addition, such policies will create an overall awareness in the workplace and encourage individuals to talk about mental health.

Communication

Employers should use staff newsletters, posters and other internal communications to promote mental health awareness. As well as this, introducing discussions into staff meetings can be used as an opportunity to check in with how employees are feeling.

Ensure all managers are properly trained

By training up managers, employees will be reassured that their management team is educated in mental health matters, meaning they will feel more inclined to come forward and discuss any problems they may be having in and out of the working environment.

Zero tolerance to bullying policies

All employers should ensure there is a zero-tolerance approach taken to bullying in the workplace. It should be communicated in these policies that those found guilty of such conduct will be subject to disciplinary action.

Employment Law Support for Employers

Most of the time absence is genuine. At Employment Law Services (ELS) our employment law team help our clients form effective people management policies, give advice on the cause of absence and provide them with guidance on how to monitor long-term illness, return to work, sick pay and fit notes.

If you require employment law advice on any of the issues raised in this article, or any other employment issue give us a call today on 0370 218 5662.

Please note, this article has not to be taken as legal advice. The author strongly advises the reader to take the correct legal advice before embarking on any enforcement action.

European Human Rights Court limits employers’ right to monitor employee emails

Posted on 6 October 20178 June 2023 by @deliver_els

Last month, Europe’s Human Rights Court established that employers can monitor employees’ emails but only if they notify the employee in advance. This represents the rapid evolving area of legislation at the crossing of technology, privacy and workers’ rights.

The judgement in the case of Barbulescu’s v Romania concluded that the authorities had not sufficiently protected Barbulescu’s right to a private life and correspondence. It was further established that the national courts had failed to identify whether the employee had been given prior notice from his employer that his workplace communications were being observed.

In this case, the employees’ communications involved messages he had sent to his brother and fiancé disclosing private matters, some of which were of an intimate nature.

Following this, the employee had his employment terminated on the grounds that he had breached the company’s internal regulations that prohibited the use of company equipment for personal purposes.

The courts in this case submitted, although it was debatable whether the employee could have had a reasonable expectation of privacy in view of his employer’s restrictive regulations on internet use, and although he had been informed, the employers instruction could not reduce private social life in the workplace to zero.

The decision made in this case does not mean that employers are prevented or restricted when it comes to monitoring emails, but they should be taking into consideration some other important aspects before doing so.

(1) Have a legitimate reason to monitor employees’ emails in the first instance

Legitimate reasons include; The need to detect any criminal activity, to identify if an employee is using workplace systems for the wrong reason, making sure that employees are working to the expected standards and following company procedures, investigating claims of misconduct and finally, if there is a need to identify misuse of confidential information.

Employers must have a fair, proportionate and legitimate reason to investigate employee communications. It is crucial that employers find the correct balance between their needs and their employees right to a private life.

(2) Ensure that there are clear workplace policies in place

In the event that you decide to monitor the use of electronic platforms in the workplace, it is important that all employees are made aware of the nature and the context of the monitoring. Further, it is recommended that employers insert such provisions into the employees’ contract of employment or employee handbooks. Within these the instructions, it should be made clear what the employee can and cannot do and the consequences of any violation within these policies.

(3) Ensure your employees are well informed in advance

Should an employer find that an employee’s communication use needs to be monitored, it is crucial that they employee is made aware that this is going to occur. As well as this, the employee should be notified of how this will be conducted and what aspects of communication are under investigation.

(4) If you do not already, have a monitoring policy in place

If an employer does not already have these in place, or it is not detailed in employee’s phones, emails and internet use, then these should be incorporated and communicated to all employees. Having these signed documents is crucial in the event that an employer should wish to enforce a monitoring policy.

(5) Is there a less intrusive method available?

In the first instance, it may be more productive to ask the employee first if they are using workplace emails for private use, instead of assuming and accessing their email immediately. If the employee owns up and admits they have been using emails for personal use there will be no need to monitor further. Monitoring should only be carried out if the employee denies such a claim.

Employers should note that UK case law states that the monitoring of employee calls, emails and internet use is a breach of privacy. This latest judgement by the European Human Rights Court reiterates the seriousness for UK employers to find the correct balance prior to carrying out any investigations of employees.

Employment Law Support for Employers

If you require employment law advice on any of the issues raised in this article, or any other employment issue give us a call today on 0370 218 5662. You can also find out more about our fixed fee HR packages here and fixed fee employment law packages here, or get in touch.

Pregnant women, new mothers and redundancy – don’t get caught out!

Posted on 2 October 201712 June 2023 by @deliver_els

If an employer finds that they need to restructure their organisation and make redundancies, then it is extremely important that they are careful about the way they treat pregnant employees or employees on maternity leave.

In the first instance, it is important that employers understand pregnancy and maternity protection.

The purpose of this legislation is to:

Protect the health of mothers and babies
Minimise the problems that working women face due to starting a family

The Maternity and Parental Leave Regulations 1999 provides that from the beginning of pregnancy to the end of maternity leave is a ‘protected period’.

The law states:

During this protected period, it is viewed as unlawful for a woman to be treated unfavourable because of her pregnancy or because she is on maternity leave
A woman returning from maternity leave has the right to return to the same position as before she left; her position cannot be filled even if the employer believes the interim is a better employee
Should an employer select an employee for redundancy on the grounds of pregnancy or maternity leave, this will be viewed as unlawful discrimination and unfair dismissal
Failing to consult an employee on maternity leave about redundancy will be viewed as unlawful discrimination
A female made redundant whilst on maternity leave, must be offered another suitable position. She should not be required to re-apply to the organisation.

How can employers manage redundancy that involves pregnant employees/employees on maternity leave?

If you are reorganising the workforce or downsizing and you need to make employees redundant, which includes a pregnant employee or one that is on maternity leave, employers should:

Ensure the redundancy is genuine and unavoidable
Make sure the employee is consulted
Identify non-discriminatory selection criteria
Look at alternative roles

Is the redundancy genuine?

Employers should ask themselves this question in the first instance, and ensure the redundancy is for a genuine reason and not caused by the pregnancy or maternity leave, genuine reasons include – closure of the business.

Employers often find that whilst the employee is on maternity leave, the business runs fine without her by readjusting and reorganising. However, this will not be viewed as a valid reason to make the employee redundant.

How should employers consult employees on maternity leave?

Employers should raise the issue as early as possible with all employees, alerting them of the proposed redundancies.

When doing this, employers should:

Raise the reason behind the redundancy
Discuss alternatives, such as voluntary redundancy or reducing working hours
Alert employees at risk of the selection criteria

Failing to consult an employee on maternity leave is likely to be viewed as discrimination should the employee take a claim to the Employment Tribunal. If employers are reluctant to contact an employee on maternity leave in case of disturbing them, they should discuss preferred contact options prior to the employee going on maternity leave.

How should employers decide the right selection criteria?

If the employer chooses to use a selection process to decide who to make redundant ACAS states “it must be transparent, known by everyone it applies to and non-discriminatory.” Further, this process should be objective and measurable.

Expected criteria to be considered includes:

Qualifications and the skills of that employee
Performance
Attendance record
Disciplinary record
Customer feedback

It is important that when considering criteria, employers do not disadvantage the employee on the grounds of sex, pregnancy or maternity leave.

Is there a relevant alternative position the employee can be put in?

On occasions, employers may have alternative positions that they can offer a redundant employee. In this event, an employee on maternity leave who is being considered for redundancy must be offered this vacancy before anyone else. If you fail to do this, her dismissal may be viewed as automatically unfair.

If there is no other vacancy to be offered, a woman can be made redundant during maternity leave if the reason behind the redundancy is unconnected with the pregnancy or maternity leave and the employer can display they followed a fair redundancy process.

Employment Law Support for Employers

Please note, the information in this article is for guidance purposes only and it is therefore advised that employers seek legal advice before embarking on any enforcement action.

Where are employers going wrong when managing annual leave?

Posted on 28 September 201712 June 2023 by @deliver_els

In light of the recent controversy that has surrounded Ryanair in regard to management of annual leave, Personnel Today have published 5 common employer pitfalls. At Employment Law Services (ELS) we have summarised these to help our existing and non-existing clients avoid being caught out.

(1) Not encouraging employees to spread annual leave out over the working year

It can become problematic for employers who allow their staff to build up too much annual leave.

This could arise in the event of excess work to complete or a business finds they are struggling due to the economic climate. Because of this, employees may be hesitant to take annual leave as they believe they are not in a position to do so at certain times of the year without putting their job at risk.

It is suggested that employers encourage their employees to plan and take time off, by doing this it helps to preserve employee health, wellbeing and motivation. Further, this helps prevent the workforce from sitting on excessive amounts of leave to take at the end of the year.

(2) Offering an employee a cash substitute for their holidays

Often an employer may be tempted to offer their employee with a cash alternative in return for them giving up their annual leave entitlement. This has been seen when organisations are having a staffing crisis, have a heavy work load or require a big project to be completed on time.

It is important that employers remember the key principle of annual leave legislation – employers cannot offer employees payment in lieu of their statutory minimum annual leave entitlement.

(3) Allowing employees to carry over excessive amounts of annual leave

European law restricts employers from carrying over the first 4 weeks of an employee’s statutory annual leave, except in the situation where an employee has not been able to take their holiday entitlement due to sickness. If they are not taken, they are lost.

After the first four weeks of statutory annual leave, employers have more scope to allow employees to carry forward any holidays left at the end of the year.

It is important that employers/managers confirm this through the employee’s contract of employment when clarifying whether this will be allowed or not and what rules have already been set.

(4) Authorising too many employees holiday requests at the one time

This is generally seen during summer time and Christmas time. Managers are often discouraged to turn down an employee’s holiday request if they have already planned the trip.

However, it is important that employers/managers remember they are not legally obliged to accept these requests, unless the contract of employment states otherwise.

At Employment Law Services (ELS), we equip our clients with clear policies on holiday requests and encourage employers/managers to decline requests if the timing would result in the business struggling.

(5) Not paying the employee the correct rates during annual leave

Recently, according to Personnel Today, “the single biggest employment law headache for UK employers has been revolved around the calculation of holiday pay.”

It is important to note, that it is no longer admissible to calculate holiday rates on the basis of an individual’s basic rate only.

Employers now need to consider over time, commission, stand by and travel allowances.

How can Employment Law Services (ELS) help?

Ensure your HR policies are updated to comply fully with current UK employment law. This is critical in protecting your business from employment Tribunal claims because they provide the framework to help employers to treat their staff fairly and consistently within the parameter of current UK employment law.

Formalising arrangements in certain areas of people management and development not only makes good business sense, it also ensure everyone is treated fairly and consistently which will help protect your business by significantly reducing the risks and costs associated with disgruntled staff filing Industrial Tribunal claims.

What to do if your employee resigns and doesnt work notice

Posted on 21 September 201724 July 2024 by @deliver_els

What action can you take when an employee resigns but does not work their required notice period?

In the first instance, employees are generally under a contractual duty to give their employer a minimum notice of resignation. This duty is waived if the employer has fundamentally breached the contract of employment or has agreed to remove the notice period.

Of course, if the employee does not show up to work during their notice period the employer does not have to pay them. However, the business may then be at a loss in the event that the employer then has additional costs to pay should he bring in an agency worker to cover the role.

At Employment Law Services (ELS) we believe prevention is key!

Preventing the situation from occurring in the first place is always better than the cure. It is recommended that employers insert contractual rights which will discourage the employee from not working their notice period whilst providing the employer with an effective remedy if they do.

An example of this is a contractual clause that permits the company to deduct from the employee’s final wage. This is usually an amount equal to what the employee would have earned throughout the period of notice they failed to work. E.G. If they did not work one week then the employer could deduct one week’s pay off their final wage.

Breach of contract

It is crucial that employers insert these provisions into the contract of employment prior to the employee handing in their notice.

Should you fail to do this, then deduct from the employee’s final wage anyway, this action will amount to an unlawful deduction of wages. For which the employee can then raise a claim in the Employment Tribunal, this will then further prevent you from recovering any losses occurred using another legal remedy.

It can become time consuming and costly when attempting to prove damages to the business and will essentially depend on the nature of the organisation and the role of the employee. Because of this, employers often fail to pursue further action.

Thus, it is extremely important that your contracts of employment are kept up to date in order to protect yourself and the business from unnecessary damages.

How can Employment Law Services (ELS) help protect your business?

For Employers that already have contracts of employment in place, we can review all existing documents and update them as required and for Employers that have nothing in place, we can produce effective contracts of employment for all staff members from scratch.

Whatever your requirements are, Employment Law Services (ELS) can help! Either as a ‘one-off’ exercise or as part of one of our HR Service packages, EmployEasily will ensure your statutory obligations are met and that your business prevents problems and remains protected.

At Employment Law Services (ELS), our team understand that the needs of employers differ depending on the nature of the role that they are looking to fill. We also appreciate that some employers may already have some form of contract with employees, but may be concerned that the contract does not accurately reflect the nature of the relationship or is riddled with ambiguities. It is these issues which often cause difficulties to employers in attempting to deal with employees when difficulties can and do arise. We take pride in offering a service that aims to address these concerns of employers.

Employment Law Support for Employers

Employment Tribunal Statistics remain stable…but for how long?

Posted on 19 September 20178 June 2023 by @deliver_els

Recent statistics produced by the Ministry of Justice showed that the number of claims to the Employment Tribunal between the period April to June 2017 has increased.

From April to June there were 4,241 single claims logged, this shows a 2% increase on the same period of 2016.

88,476 cases were accepted by the tribunal service over the year to June 2017. 17,005 of these counted for single cases and 71,471 counted as multiple claims. This shows an increase in the total claim numbers by 6% in comparison to 2015/16.

Although the number of claims logged has been suggested as being stable, this is likely to change after the Supreme Court found that tribunal fees were unlawful. This is because employees will now feel more inclined to bring a claim forward with the removal of the barrier of costly fees.

Between April and June, there was 9,518 multiple claims received. This shows a decrease of 19% during the same period in 2016.

The research published by the Ministry of Justice identified that the maximum compensation award during 2016/17 was in an unfair dismissal claim which saw £1.7m paid out.

Throughout the year to June 2017, over 30,000 cases were brought under the Working Time Directive, 12,038 for unfair dismissal and 10,467 for equal pay.

In the same time frame 86% of claimants had legal representation and 9% represented themselves.

Cases heard in the Employment Appeal Tribunal in 2016/17 fell by 8% in comparison to the year 2015/16. The number of claims thrown out by the EAT decreased by 14% over the same time period.

Following the ruling made by the Supreme Court, the Government announced it would take steps to put an end to fees and organise refunds to all who have previously paid fees – this pay-out has been estimated to cost the Government £32m.

Xpert HR’s employment law editor, Stephen Simpson states: “It is anticipated that the abolition of employment tribunal fees in July of this year will lead to a sharp rise in claims. What we don’t know is whether the removal of the fees barrier will mean an immediate return to pre-July 2013 claim levels. Or will the increase be more modest or gradual?

“The latest statistics only cover the period up to June 2017, so don’t shed any light on this. However, employers and employment lawyers will be eagerly awaiting the next round of quarterly tribunal figures, covering July to September 2017. They are scheduled for publication on 14 December and should provide an indication of the initial impact of the removal of fees on claim levels.”

How can we help?

If you’re facing an Employment Tribunal Claim and want to find out more about how Employment Law Services (ELS) can help support your company, contact us today on 0800 612 4772 or request a Free Quote now.

Public sector pay cap to be lifted from next year

Posted on 13 September 201712 June 2023 by @deliver_els

Theresa May’s Government announced yesterday they will end the 1% annual cap on public sector pay by 2018 and in 2017, police and prison staff will be awarded with a 2% and 1.7% rise.

However, Senior Police Officers remain locked in a bitter row with the Government arguing that the number of officers on the streets will have to be cut in order to fund this 2% pay rise for their staff.

The Prime Minister stated that “more flexibility” is required to continue attracting and retaining workers with the right skills in order to distribute “world class” public services.

These rises will be supported through cuts elsewhere in prisons and police force budgets. It has been submitted that other public-sector workers will see a rise in 2018/19 however, these will be funded through Government spending.

The armed forces, doctors, dentists and the NHS are next scheduled for a pay review which will be addressed in Autumns budget.

These increases appear as a positive move in the right direction, however, they still fall below the rate of inflation and were instantly criticised by unions who have been fighting for a 5% increase across the board.

The Prison Officers Association argues that the 1.7% pay increase for their staff is “not good enough” when current inflation sits at 2.9%.

The Police Federation stated: “It nowhere near makes up for what police officers have lost – it doesn’t deal with real term cuts.”

Frances O’Grady, General Secretary of the Trade Union Congress branded the Government as “pathetic” over the offer. “Public sector workers have suffered seven long years of real pay cuts and are thousands of pounds worse off. Today’s announcement means bills will continue to rise faster than their wages.”

Sir Vincent Cable, leader of the Liberal Democrats said he was pleased the Prime Minister had accepted that the pay cap was no longer sustainable and urged ministers to protect all public-sector workers and ensure they are “given the pay they deserve.”

How Employment Law Services (ELS) Can Help Employers

Employers concerned about any of the issues raised in this article can take advantage of Employment Law Services (ELS) free consultation service – call us today to arrange your free consultation – 0800 612 4772.

Employer queries regarding data subject access requests

Posted on 7 September 20178 June 2023 by @deliver_els

What are data subject access requests?

The Data Protection 1998 provides that employees can act as ‘data subjects’ which allows them to make data subject requests in regard to information that may be held about them.

These requests are straightforward to make; however, they can become time consuming and complex for the employer.

The sole purpose of data subject access requests is to allow the individual to certify that their information is being processed duly and in line with the Data Protection Act.

However, many employees have been suggested as using these requests as a way of ‘fishing’ before legal action.

What is classed as personal data?

Under the Data Protection Act, personal data is defined as “data relating to a living individual who is or can be identified either from the data or from the data in conjunction with their information that is in, or is likely to come into, the possession of the data controller.”

In simpler terms, it is information that concerns the individual in his/her personal, family, professional or business life.

What forms a binding data subject access request?

In the first instance, a valid request should be in writing. Those who hold the data can request that a fee of up to £10 is paid in the first event before the data will be released.

It is important that employers are satisfied with the identity of the person requesting the data. It should not be automatically assumed that the individual requesting the data is who they say they are.

When asking for proof of identity, this must be reasonable. Reasonable requests include requesting that the subject shows you their passport or drivers licence.

In addition, some requests may come through third parties such as the employees doctor or solicitor. As the person who holds the information you must be satisfied that the request has been sanctioned by the subject. In this instance, you may ask that the employee provides you with authority in writing before you release the request.

What data can an employee request?

The ICO code of practice states that an individual is entitled to be:

– Told whether any personal data is being processed;

– Given a description of the personal data, the reasons it is being processed and whether it will be given to any other organisations or people;

– Given a copy of the personal data and;

– Given details of the source of the data (where this is available)

The ICO code of practice states further “an individual can also request information about the reasoning behind any automated decisions taken about him or her, such as a computer-generated decision to grant or deny credit, or an assessment of performance at work.”

What is the time limit when responding to a request?

The ICO Code of Practice states employers must respond to access requests promptly and within 40 days of receiving the request.

How can we help?

At Employment Law Services (ELS), we will work together with our clients to ensure they are fully protected and prepared for the new regulation to take effect in May 2018. If you have any specific queries about the impact this may have on your business or wish to contact us for a free consultation call us today on – 0800 612 4772.

Absence and Attendance Management in the Workplace

Posted on 23 August 20177 June 2023 by @deliver_els

“My employee is absent without my permission and has taken company property. How can I get this back?”

The first step that would be recommended before taking legal action would be to write to the employee requesting that the return the property that belongs to you.

It is important to note that Civil Court proceeding are often costly and can damage a company’s reputation. Thus, the matter should be resolved through conciliatory routes in the first instance.

“I cannot get a hold of my employee who is on long-term sick leave. What can I do?”

It is crucial that employers do not put pressure on the employee to return to work, this can make the situation worse. However, you can still maintain appropriate contact with this employee during their long-term sick leave.

When determining whether this is a conduct issue, employers should check the wording of their contract of employment/workplace policy. If the employee has not followed the provisions set out in these, it may then be classified as an unauthorised absence which will generally result in the employee being unpaid for this time. The employer should then inform the employee that the company will be considering disciplinary action, this should be done in writing.

If you must contact an absent employee, you should follow best practice by ensuring the letter is sent recorded delivery, this will allow you to track it and identify who it was signed by on delivery. If the letter is sent back to you, as the employer you should make reasonable attempts to find out if the employee has changed address and not informed you. It is crucial that you do not assume the employee has resigned due to lack of contact.

“My employee went on holiday and has not returned to work. What action can I take?”

In the first event, employers would be expected to make a reasonable attempt at contacting the employee. This ensures that fair procedure is being followed whilst allowing the employee a chance to explain. Further, it is recommended that employers try contact through all avenues such as next of kin and colleagues.

In addition, employers should set a date in which they expect the employee to contact the workplace by – this should be put in writing.

Following a reasonable investigation and there is still no explanation for their absence, the employer may then inform the employee that dismissal for gross-misconduct will be considered. It is important that employers seek legal advice in this situation to ensure risks of claims to the Employment Tribunal are eliminated.

Can I withdraw an offer if the candidate has not responded?

If your offer has not been accepted, you can formally retract it at any point in writing. This is because there is no contract formed at this point. Employers should follow best practice in this event, your offer letter should inform the candidate that the offer is due to lapse if it has not been accepted by a specific date.

Employment Law Support for Employers

Unlawful Interview Questions

Posted on 22 August 201712 June 2023 by @deliver_els

Acceptable and unacceptable interview questions

The purpose of holding job interviews is to obtain as much information as you can on your potential new employee. It therefore does not come as a surprise that on occasions employers are crossing that legal line on what they can and cannot ask.

There are appropriate interview queries and inappropriate queries, it is important that employers are aware of legislation that surrounds these.

(1) “What is your colour/ethnicity/race?”

This question is illegal, the ability to do the role cannot be measured on an individual’s colour/ethnicity/race. Exceptions may be made in the event that a modelling agency requires someone specific for the role.

(2) “What age are you?”

An employer may ask if the candidate is over the age of 18, this is to assure they are legally old enough to carry out the duties of the role. For example, bar and restaurant work. Age discrimination is one of the most recent discrimination rules under the Equality Act 2010 and provides that age is not a clear basis when assuming an individual’s ability and maturity to carry out a job.

(3) “Are you pregnant?”

No, no, no! Employers and prospective employers must not ask the employee/potential employee this question.

Asking or basing a hiring decision on pregnancy would result in a violation of the Equality Act 2010 and could result in legal liability against the employer. Asking the candidate what their long-term career plans/goals are should be suffice when measuring the individual’s commitment to the company.

(4) “Do you have any disabilities/are you disabled?”

The general position of the Equality Act 2010 is that it is unlawful for an employer to ask any potential employee about their health or disability. Instead, an employer may ask the candidate if they can carry out the specific duties required in the job description.

If the employer offers the individual the job he/she may then may ask the employee health questions. This is to allow them to make reasonable adjustments to the workplace so that they are not put at a disadvantage to other employees.

(5) “What are your religious beliefs?”

Employers have been seen to ask this question to determine applicants work schedules. For example, if the employee will be available to work on a Sunday. Unless there is a need for a candidate to have a specific belief, religious questions should not be mentioned at all.

In addition, there is no reason that candidates should mention their religious beliefs on their CV/application form.

(6) “Do you drink/smoke?”

Even if the organisation has a strict no-smoking policy, employers cannot ask this question as part of the interview process. Asking a candidate this question crosses the line between the workplace and the applicant’s personal life.

Further, this question can suggest discrimination – asking a candidate whether they drink or smoke would imply that this is a determining factor in the hiring process. Should you directly ask this question, you are opening yourself up to discrimination claims if the candidate does not get the position they were interviewed for.

The reason behind this is, drinking alcohol and smoking cigarettes in the UK is legal and something that an employee would do outside of work. Instead, employers may ask if the employee has previously been disciplined for breaching company alcohol and smoking policies.

(7) “Do you have any children?”

Interviewers should not ask this question. It is understood that family obligations may interfere with the role, however, it is important that employers do not make assumptions into such situations.

Instead, the interviewer may ask the candidate if they would be willing to work overtime if the opportunity were to arise.

(8) “What is your marital status?”

Again, this question is irrelevant and links back to number 7. It is illegal for an interviewer to make their hiring decision based on marital status. However, they can ask a candidate’s career plans and assess it from there.

(9) “Do you have any debt?”

An employer should not ask a potential employee about their financial status or credit rating during an interview, credit history should not measure an individual’s performance in a job.

Some exceptions are made to this question in the event that the role involves a financial or banking position. The employer may then request a credit check granted he receives the employee/potential employee’s permission.

What should employers consider?

Certain interview questions are clearly discriminatory and avoided by almost all employers with the correct legal advice.

However, when trying to get a good picture of the candidate during the interview, straying into ‘grey areas’ can be easily done. What you think is a simple and harmless conversation, may in fact be discriminatory which in turn exposes you to costly litigation claims.

Employers concerned with about any of the issues raised in this article can take advantage of our Employment Law Services (ELS) free consultation service – call us today to arrange your free consultation – 0800 612 4772.