Can you ask that? Well, no, actually…

There’s obviously widespread confusion about what potential employers can ask interview candidates in the light of new legislation. A huge raft of typical interview questions of the past are now illegal – such as those about age, length of experience and religious views. According to the report by Which? the most commonly asked banned question is about whether someone is thinking about starting a family.

I’ve been trying these other test questions on students to see which should be OK:

How old are you? Are you married? Are you gay? What are your childcare arrangements? Are you a member of a trade union? What political party do you support?

The answer is that none of them are legal. As a result, many companies must be running the risk of being taken to employment tribunals where they can face unlimited fines.

Is this reasonable? The law says yes. The argument is that firms should be focusing on a person’s knowledge and skills, not making pre-conceived judgements about their age or other personal circumstances.

According to Bosses still ask banned questions - BBC, the author of the recent report said:

http://news.bbc.co.uk/1/hi/business/7187032.stm

“As employers can’t judge a candidate’s ability to do the job on their age, sex or religious views, for example, they’ve no business asking about these things, so interviewees are in no way compelled to answer.

“It helps to be aware of what you can and cannot be asked, so that you can feel confident in - politely - declining to answer any questions that make you uncomfortable,” she added.

Since October 2006 it has been illegal to discriminate against workers under the age of 65 on the grounds of age, so it is against the law to make someone redundant or to bar workers from training or promotion because they are too old - or too young.

Under the legislation, employers cannot specify an ideal age in advertising a job, nor ask for a specific amount of experience. Application forms should not ask for an applicant’s date of birth.

There are exceptions, of course. Where age is a “genuine occupational qualification”, the questions can be asked. For instance, the armed forces and the police have a minimum age as a standard requirement.