Lord Sugar has this week suggested that the current employment law which prevents employers from asking female candidates at job interviews about their future plans for a family and childcare can be counterproductive.
Under the Equality Act 2010 employers should not discriminate on the grounds of sex. Sex discrimination covers all aspects of employment including the recruitment process.
It has long been considered best practice for employers to avoid asking female candidates questions about children or pregnancy at interview. This is because it puts the employer at risk of a claim for Sex Discrimination if it can be shown that the information provided by the candidate was the reason why they did not get the job.
Statistically, pregnant women and women returning from maternity leave are still the most discriminated against when it comes to employment. However, from an employer’s perspective the provision of such information may be vital for running an efficient and effective business.
Lord Sugar reiterated this point stating he would “be very impressed” if he was informed at an interview by a candidate about future plans for children and childcare and he would like to be told “how they are going to organise their life in order to do their job but, more importantly, how they are going to get on with the job in hand, what they are going to bring to the party”. He added “such people would jump up in my estimation.”
Kate Fretten, Head of the Employment Team at Frettens Solicitors, comments “Although this information may be useful from an employer’s point of view, what will it actually achieve and, moreover, what will employers do with such information? Employers must think very carefully about this issue and weigh up their perceived need to obtain such information against the very real risk of a claim in the employment tribunal should the candidate in question not be offered the job. The assumption will be that the rejection was based on the information given, which of course, would be discriminatory.”
For the full story on Lord Sugar’s controversial comments, see BBC News
Comments