OK, so recruitment and interviewing may not be at the forefront of your mind at present, but during the current economic downturn there are undoubtedly many good candidates on the market ready to be snapped up (see Ed Millie’s article in The People Bulletin, 28th April 2009). At times like this, saying ‘you’re not the one’ after an interview process will be something you will get used to. However, a flawed interview process can give rise to costly litigation - this article is a short summary to help you stay on the right side of the law when looking for the best person for the job.
Interviewing involves more than just sitting in a room with a candidate and reeling off a list of questions. The process begins before the job description has gone out and, by viewing it this way, you will no doubt find it easier to find the best candidate whilst avoiding the cost and bad publicity of having to fight a claim brought by an unsuccessful, disgruntled candidate.
Here are some key considerations when recruiting and, more specifically, when interviewing.
Before advertising
Policies: they are there to help you
Consider any equal opportunities or recruitment policies your firm has in place and factor in any relevant requirements into the interview process. You don’t need to adhere rigidly to these policies but, when you feel you need to deviate from them, document any decisions to do so.
You should try to take the time to ensure that all staff involved in the recruitment process, and especially the interviewing element of it, have had equal opportunities training.
Competencies: which ones and why?
When compiling the job description you will naturally have in your mind the skills which you are looking for in a candidate, whether it be specific experience, a certain skill set, a love of disco…..etc. Split your requirements between those which are ‘essential’ for the job and those which are merely ‘desirable’.
This will provide a good basis for assessing whether:
(a) the requirements can be objectively justified by reference to the job in question; and
(b) these discriminate indirectly against any groups of employees.
In particular, consider whether any requirements for specific qualifications, working hours or times, travel, age ranges or dress are necessary for the job. If the role is full time, is this requirement justified?
If you believe a particular characteristic is required for the job (for example, you believe a fluent Italian speaker is necessary), document your decision and specify the characteristic in the advertisement. This may be all important when a highly competent candidate is rejected on the basis that they only speak French, German, Spanish, English and Ewok.
Advertising the job
Where to advertise?
Question where you will advertise the job and why. Should it be advertised internally and/or externally? It is largely considered best practice to advertise all vacancies externally; however it may be appropriate to advertise internally only, where a specific reason exists. In the current economic climate, you should first consider existing employees at risk of redundancy before recruiting externally (see James Baker’s article in the People Bulletin, 12th May 2009).
Send out the right message
Are you working towards being an equal opportunities employer? If so, let people know by featuring it in your advert. When using an equal opportunities monitoring form, make sure this is separate from the application form.
Shortlisting
The interview panel
You need to establish any prior connection between any of the candidates and any members of the interview panel which might suggest a conflict of interest. If a conflict exists, consider removing the panel member or ensuring that there is at least one other panel member who does not have prior knowledge of the candidate.
Aptitude: to test or not to test?
If you think psychometric testing will be desirable for the job, ensure that the test used is not indirectly discriminatory in any way.
Sing from the same song sheet!
The panel should agree selection criteria based on the job description and person specification. When drawing up a shortlist of candidates, mark them against the selection criteria.
Notify the shortlisted candidates of any tests they will be required to undertake as part of the interview process and ask them if they require reasonable adjustments to be made. This will satisfy certain obligations under the Disability Discrimination Act 1995.
It is a good idea to agree a list of questions to be put to each candidate which are stated on the interview form.
The interview
Consistency is king
Ideally, all candidates should be asked the same questions and their answers should be scored consistently by all members of the interview Panel. However, you don’t need to fear the desire to ask supplementary questions, to seek clarification or explore the candidate’s answers. Nowhere in the law does it say that all interviews must take the form of Mastermind!
Take notes of candidates’ answers and the interview panel’s impressions and retain those beyond the end of the process. A disgruntled candidate may well make their argument heard a number of months down the line.
Don’t get personal, mate
Try not to give in to the temptation to ask questions about the candidate’s personal life - unless the questions are directly relevant to the requirements of the job. Even then, don’t be quick to make assumptions about the candidate’s personal life or preferences on any discriminatory ground. Try to keep your questions open. Any number of seemingly innocent questions could be taken the wrong way and lead to potential claims. Some examples might be:
- ‘Are you a UK citizen?’
- ‘Where did you grow up?’
- ‘Are you married and do you have children?’
- ‘How many sick days did you have last year?’
Of course, many candidates will quite willingly volunteer this kind of information. What proud parent doesn’t like to talk about how they coach their son or daughter’s sports team? The key is not to actively seek this kind of personal information.
Feedback is fine
Don’t be afraid to provide feedback to candidates whether orally or written. Just keep it objective and give it in accordance with any written policies you may have in place (good job you checked your policies before you started the whole process!).
And don’t feel rushed into giving a particularly good candidate ‘the nod’ before you have completed the whole process. This may be taken as a formal offer of employment. Take the time to assess your notes and compare them with the rest of the panel before making a decision. Remember, as far as recruitment goes right now, it’s an employer’s market.