![]() "There have been a lot of cases in the past where someone has gone to an employment tribunal claiming discrimination for not being employed and the interview notes have been 'misplaced' or 'lost'. The Confederation of British Industry also backs this position, claiming: "Responsible employers would have no reason to be embarrassed about anything noted down during an interview."Ĭhamberlain cites another good reason for the new code. If what we're doing now is simply encouraging companies to be even more objective in their recruitment, then how can that be a bad thing?" "People should always interview against objective criteria. "We hear a lot about employee's rights to privacy, but shouldn't the employers have rights too?" says Baron.Ĭhamberlain disagrees. Certainly in the US, where similar laws already exist, many employers say this is the case. This will surely lead to much less reliable recruitment, he says. If you think about it, there is a wealth of legitimate comments that could be misconstrued, such as, 'Do they have the stamina?' Likewise, 'red glasses' could be a reminder to an interviewer who has seen 20 people that day whereas someone else could read it as 'lookist'." "I think you won't get an honest opinion in interview notes from now on because the interviewer will be understandably paranoid. Richard Baron, deputy head of the policy unit at the Institute of Directors, is concerned. He recalls emails stating: "I hear what you're saying but he's a bit of a weasel, don't you think - might put off the clients" and "She has all the necessary skills and knowledge but what about her dress sense?" Such emails have to be made available if requested by an interviewee. Tony Jones (not his real name) is a human resources director at a City firm. The nature of email, in particular, means that people tend to be more frank in the wording of their opinions than they might otherwise be. When there are two or more interviewers, memos or emails may be exchanged with views on the candidate. ![]() This case shows that it is not just interview notes that can trap employers. She has now received back money and been put on the higher salary and grade. The memo led to an equality case being settled in her favour. She gained access to her file - using the Irish equivalent to the Data Protection Act - and it disclosed a memo from her manager which said that the legal clerk was on maternity (leave?). When she questioned this, she was told her work was good, but her male colleague's work was better. Careless remarks on someone's appearance, family background or race could lead them straight to the law courts.Ĭonsider Deborah Ivers-Bligh, the legal clerk in the chief state solicitor's office in Ireland, who was next on the seniority list but who was skipped over for promotion while on maternity leave. Tim Russell, an employment part ner at law firm Norton Rose, believes that many employers are unaware of how subtle comments may lead to problems later. "Woolly phrases such as 'won't fit in' and 'not the right sort for here' could send the interviewee running to take out a discrimination case," he says. Employers are going to have to be very careful about what they write. In fact, he points out, £10 will buy people access to virtually all previously confidential company records about them, including disciplinary records and appraisal or performance review notes. "What is different now is that the interviewee themselves can ask to see the notes - and for any reason - subject to the payment of a fee of up to £10." ![]() "The solicitor of anyone who takes legal proceedings against an employer, because they believe there was discrimination at interview, has always had the right to see interview notes as part of those proceedings," says Jonathan Chamberlain, a partner at law firm Wragge & Co.
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