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Job interviews

Interview preparation

It's important to address the process of interviewing job applicants in a systematic manner. Prior to the interview you should:

  • Re-read the application form, applicant's CV and the job specification/description
  • Identify areas to develop further in the interview
  • Plan questions (which should be job related)
  • Identify the topics to be covered by each member of the panel or at each separate interview (if more than one is planned)
  • Be ready to answer questions from the applicant about the business and the job, such as information about hours of work, overtime arrangements, rates of pay and average bonuses, holiday entitlements, pension scheme contributions, benefits, opportunities for training and promotion.

Interview questions

  • Interviewers don't not have to ask all applicants the same questions, but it is advisable to do so wherever possible.
  • Avoid questions that may be directly or indirectly discriminatory on the grounds of sex, pregnancy or maternity, marital status, race, disability, age, religion or belief, political opinion (for Northern Ireland only), gender reassignment or sexual orientation. If questions are asked that could be regarded as discriminatory (e.g. asking about domestic circumstances), it's advisable to ask the same questions of all applicants.
  • Avoid questions about marriage plans or family planning.
  • If you're already aware that the interviewee is disabled, take steps to find out what can reasonably be done to accommodate anything they need to facilitate the interview. Otherwise, interviewers can ask if an applicant has a disability that may require reasonable adjustments to be made for them for the purposes of the selection/recruitment process. However:
    • In England, Wales and Scotland, asking questions about an applicant's health and/or disability will be unlawful unless at least one of several exceptions applies (see Health).
    • In Northern Ireland, it is lawful to ask about an applicant's disability but this should only be done to assess if any reasonable adjustments will be required in order for the applicant to perform their duties under the role. Asking questions about an applicant's health or disability should not be used to discriminate against an applicant.
  • Interviewers should determine when the applicant would be able to start the new job (if it's likely to be offered).
  • Avoid making promises to the applicant during an interview, as these may become a term of the contract and be enforceable, even if the promise conflicts with any subsequent employment contract.
  • If any agreement is reached during the interview, it should be recorded in writing and included in any offer letter and/or contract of employment.

The interview

  • Interruptions: Calls should be kept to a minimum, unless it's urgent.
  • Interviewer conduct: Try to set an atmosphere where interviewees feel they have had a fair meeting and had an opportunity to do themselves justice. Avoid asking questions that are unrelated to the job description or are too probing – this can risk discrimination.
  • Documents: Keep the job description and interviewee's application form with you. Ask them questions about the answers they have given in their application. Consider using our interview checklist (see below) to help determine how closely the applicant fits the requirements of the job.
  • Give the interviewee an accurate picture of the job, including its less attractive features. This will avoid creating high or unrealistic expectations of the job and potentially reduce staff turnover and save costs.

Interview checklist

You may want to consider using an interview checklist to help you in the interview process. Using one will create a standardised and systematic approach to interviewing applicants, and can reduce the risk of asking potentially discriminatory questions. It also allows you to provide a score for each applicant, which can help with the decision process.

The decision

If no decision or offer was given at the interview, candidates should be informed of the outcome as soon as possible.

It is important to keep notes of the interview. This will ensure that the necessary information is available to provide a rationale should the selection be challenged.

Be aware that as an employer, you may have to provide feedback to unsuccessful applicants and disclose copies of the notes to them if requested. An Employment Tribunal may insist that an employer disclose documents, and so it is important that there are no disparaging remarks or discriminatory comments.

Interviewers should record their assessment of each applicant against the agreed selection criteria. A scoring system or assessment based on the selection criteria should allow a speedy comparison of results.

Employers are not obliged to give reasons why a particular applicant was unsuccessful, but if reasons are given, they must be accurate. If the recruitment or selection process is subject to legal challenge, the rejection letter may have to be disclosed. If there is any discrepancy between the rejection letter and the evidence before a tribunal as to the real reason for rejection, the employer's defence to a claim will be weakened.

Personal data collected during interview

All correspondence with the applicant should be securely stored, including any interview notes, whether or not the applicant is successful. The records should then be destroyed after you have kept them for the period of time required under your business's retention policies.

The applicant can ask for access to interview notes and other personal data if these form part of a set of information that has been filed together with the application form and other recruitment documents.

Additionally, all personal information you collect during the interview process is subject to the UK General Data Protection Regulation and the Data Protection Act 2018. Very briefly, that means you must only process the information fairly, transparently and only if certain legal justifications apply. For more information see the Data Protection section.

What is the law guide

The Desktop Lawyer law guide aims to present the law to you in a comprehensive yet jargon-free and easy-to-read format. Our law guide is constantly kept up to date with changes in business and family law by our team of in house solicitors, and includes information across all the legal jurisdictions in the UK.

Our law guide is free to use. Where we provide documents related to this area of law, or where they may help you with any legal issue in this area, they will be listed to the right of this message.

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