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| Industry News |
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Discrimination
April 2009
GIVING THE RIGHT FEEDBACK TO APPLICANTS
Unsuccessful job applicants will sometimes ask you for feedback following the interview process. But with the increase in discrimination claims, what steps can you take to protect yourself should you receive such a request?
Why wasn’t I successful?
Until recently, you probably would have agreed to give an unsuccessful job applicant some pointers on why they did not get the job, such as poor interview technique or being over-qualified, However, with an increase in discrimination claims you may be wary about disclosing this type of information.
Not saying
But in a previous issue we told you that the Information Commissioner has now given unsuccessful job applicants increased rights to see what has been written about them and others during the recruitment process. This may allow failed applicants an increased opportunity to look for discrimination.
Tip. Jobseekers are protected from both “direct” and “indirect” discrimination during the recruitment process. Indirect discrimination occurs when there’s a condition or requirement in the selection criteria that certain groups will find harder to meet.
The potential risks
Some discrimination claims are spurious. For example, Ms Noah, a Muslim, brought a successful religious discrimination claim after she was rejected for a job as a hairdresser in a trendy salon. This was because she refused to remove her headscarf.
Even though the owner made her decision on business grounds (she felt her customers should be able to see their hairdresser’s own hairstyle) she was too honest when explaining her reasons.
Dealing with the applicant
If you find yourself in this position, any information that you give must be accurate. It should also relate to the job in question and focus on how the candidate fell short of the job description and person specification. For example, it may be that there were other candidates who had more experience or stronger skills, e.g. better knowledge of software packages. If so, use those reasons – don’t make personal comments.
Tip. Limit any comments to those in writing. Applicants who want to “try it on” could tempt you to make negative statements which they can later use against you in a claim.
Taking interview notes
Interview notes should not only state why a particular job applicant does not meet your requirements, they should also include details as to why they fall short. This is because they will have to be disclosed if you are challenged.
Tip 1. Always ensure that your interview notes are not discriminatory in any way, e.g. containing comments such as “seems capable but is young and likely to go off pregnant soon”.
Tip 2. You can reduce the likelihood of a request for feedback by stating in your rejection letter that you have had other applicants that: “fit our requirements more closely in terms of qualifications and/or experience”
If feedback is requested, only give it in writing and focus on the reasons why an applicant did not meet your requirements. Make sure that your interview notes don’t contain any discriminatory comments but relate solely to job suitability. Never be tempted to make any personal comments.
Source: Tips & Advice Personnel April 20 2009
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