When job interviewers overstep the proper mark

Anyone who has been to a job interview will know how nerveracking it can be. You are so focused on impressing a potential employer you probably wouldn’t think about whether they should actually be asking you certain questions

According to Peter Reilly, principal associate at the Institute for Employment Studies, there are some things you should look out for in an interview.

“You have got to ask questions that are legal, proper and reasonable. ‘Could you explain why you are asking that’ is reasonable to reply to questions you are unsure of.

“Unless you are very desperate, you wouldn’t want to work for an employer who asks inappropriate questions. Interviews should always be a two-way process and prospective employees are interviewing the employer as well as the other way round.”

Recruitment firm Reed.co.uk has put together a list of questions employers should not be asking you – and how you should react if they do. Is English your first language? Frankly, this is irrelevant to whether or not you can do the job. Many jobs require you to speak English fluently but it doesn’t matter if it is your first language.

Although employers have a legal obligation to check applicants are eligible to work in the UK, they have no right to ask about your race, religion or native language.

Michael Cheary at Reed.co.uk said: “Although many jobs may require employees to speak fluently, none of them will need it to be your first language. And as long as you’re able to speak and write English to the required standard and you can provide proof of a legal right to work in the UK, you’re well within your rights to be considered.”

How you could answer: “I am fully eligible to work in the UK, and speak English fluently”

What they could ask: “What languages do you write or speak fluently?” Are you married? The subject of marital status is a strict no-no in interviews.

“Any questions about marital status, children and future family plans should not be asked at an interview,” said Mr Cheary.

“Not only are these questions of a personal and potentially discriminatory nature, this particular line of questioning could also be used to determine a person’s sexual orientation – something which has no bearing on a candidate’s ability to do the job.”

How you could answer: “I like to keep my personal and professional life separate.”

What they could ask: “Do you have any current commitments which may affect your ability to do this job or which may impact your attendance?” How old are you? Some jobs require you to be an adult but in the vast majority of roles, age is not relevant.

“There are very few reasons why an employer needs to ask for your age,” said Mr Cheary.

“Aside from needing to be over 18 to sell certain products (eg alcohol), your age shouldn’t affect your ability to do a job effectively. This means that employers have no right to ask about your exact age or to let it influence their decision to hire you.

“Some hiring managers may attempt to ask this question subtly – by asking for a date of birth for their records, when you graduated, or your potential retirement plans – but these are similarly controversial. An employer can only ask your date of birth on a separate equality monitoring form – and the person selecting candidates will not be allowed to see this.”

How you could answer: enough…”

What they could ask: over 18?” “Old “Are you

How many sick days did you take in your last period of employment?

For more information on this, you can refer to the Equality Act (2010). “Whether the employer asks about sickness, health or disabilities, subjects like these should always be avoided at an interview,” said Mr Cheary.

“The only time an employer can ask about this is if it’s to establish whether an applicant needs an assessment to determine their suitability for the job or to determine whether adjustments need to be made in order to accommodate a candidate’s needs (eg fitting a disabled toilet).

“Once a position has been offered, the employer can make inquiries into health, but only if these relate to your ability to carry out the role effectively.”

How you could answer: “Sickness was not a problem in my previous role.”

What they could ask: “Do you have any specific requirements in order to perform this job effectively?”

Do you have any previous criminal convictions?

Contrary to what many people believe, candidates do not have to disclose spent convictions.

Mr Cheary said: “There is no obligation for a candidate to disclose criminal convictions if the sentence has already been spent.

“For this reason, an employer should not refuse employment to an individual because of a previous crime unless it relates to the role in question (for example teacher, childminder, a senior banking or financial role).

“Also, it’s worth bearing in mind that criminal record checks are carried out by the Disclosure and Barring Service (DBS) for certain roles (eg working with children, healthcare etc), but this should be undertaken by employers before the interview stage. These were formerly known as CRB checks.”

How you could answer: “Can I ask how this relates to the role?”

What they could ask: “Do you know of any reasons why you may not be legally able to take this position?” What religion are you? In nearly all cases this would not be an appropriate thing to ask. There are rare occasions where this is acceptable.

Mr Reilly said: “My first job was at the University of Surrey working on a study of social mobility of migrant Catholics. In this instance it would be appropriate because they would need to check if I sympathised with this group. However you can see how in places like Northern Ireland this could certainly be seen as discriminatory.”

What are your sexual preferences?

“It is fair to say there are almost no times this would be relevant,” said Mr Reilly.

“In the past if you were been screened for security work like MI5, there may have been a historical fear of being blackmailed but that does not apply now.

“If you were working on a global scale they may need to know if you were working in Uganda as homosexuality is illegal there.” Do you have children? Employers may want to know if you have children to see if you might possibly miss work due to them being ill. This is not relevant and they should not ask this. Are you a trade union member? This is not relevant and employers should not ask unless you were applying for a job at trade union.